Is an old agenda still in active use?

Generally no: a past meeting's agenda is kept for reference. A current fee schedule, permit application or policy that people rely on now is in active use.

If we fix a typo in an old PDF, does it lose the exception?

The Department of Justice guidance says a document updated after the compliance date no longer qualifies for the exception.

Can we just delete old PDFs?

You can remove content you no longer need, subject to your records-retention rules. Many governments move reference documents to a clearly marked archive area instead.

Guides › Deadlines and law

Do old PDFs need to be accessible under ADA Title II?

Short answer: Usually not, if they were posted before your compliance date and are not currently used to apply for, access, or take part in a service, program or activity. This is the exception for preexisting conventional electronic documents. A document that is updated after the compliance date, or still in active use, such as a current application form, must conform to WCAG 2.1 AA.

The preexisting documents exception

The Title II rule does not require you to remediate a document if all three of these are true:

It is a word-processing, presentation, PDF or spreadsheet file.
It was available on your website or app before your compliance date (April 26, 2027 or April 26, 2028).
It is not currently used to apply for, access, or participate in your services, programs or activities.

If any one condition is missing, the exception does not apply. A document you update after the compliance date no longer qualifies.

The archived content exception

Separately, web content qualifies as archived if it meets all four conditions:

It was created before your compliance date (or reproduces physical media that did).
It is kept only for reference, research or recordkeeping.
It is kept in a special area for archived content.
It has not been changed since it was archived.

Examples

Document	Likely status
2019 council minutes in an “Archive” section	Excepted (archived, reference only)
2023 annual report linked from a current page	Likely excepted as a preexisting document if not used to get a service
Building permit application posted in 2021 that residents still download	Not excepted: currently used to apply for a service
Current fee schedule, revised in 2027	Not excepted: updated after the date and in use
Any PDF posted after your compliance date	Not excepted

Requests still have to be handled

The exceptions mean you do not have to remediate those files in advance. The ADA still requires effective communication, so if a resident with a disability needs an excepted document, you will likely need to provide it in an accessible format. Put a short notice on your documents page explaining how to request one.

Where to start

Remediate in this order: documents people use to get services (forms, applications), current policies and fee schedules, then new documents as they are published. Check a PDF for free to see how much work a file needs.

Frequently asked questions

Is an old agenda still in active use?: Generally no: a past meeting's agenda is kept for reference. A current fee schedule, permit application or policy that people rely on now is in active use.
If we fix a typo in an old PDF, does it lose the exception?: The Department of Justice guidance says a document updated after the compliance date no longer qualifies for the exception.
Can we just delete old PDFs?: You can remove content you no longer need, subject to your records-retention rules. Many governments move reference documents to a clearly marked archive area instead.