Do old agendas and minutes need to be accessible? The archive and pre-existing document exceptions

Short answer: sometimes. Old content can be exempt under the archived web content exception or the pre-existing documents exception, but only if it meets every condition. Anything residents still use to apply for or take part in a service has to be accessible.

Exception 1: archived web content

All four of these must be true (ADA.gov):

1. It was made before your compliance date, or it reproduces paper documents or other physical media made before that date.
2. It's kept only for reference, research or recordkeeping.
3. It's stored in a special area of your site that's clearly identified as archived.
4. It hasn't been changed since it was archived.

Exception 2: pre-existing documents

PDFs, Word documents, spreadsheets and slide decks that were posted before your compliance date generally don't need to be fixed, with two big catches:

• The exception doesn't apply to documents people currently use to apply for, get, or take part in your services, such as an application, permit form or registration form that's still in use.
• If you update an old document after your compliance date, it loses the exception.

Examples

• Council minutes from 2016, unchanged, in a section labeled Archive: likely covered by the archive exception.
• A park reservation form from 2021 that's still linked from the Parks page: not covered. People use it to get a service.
• A 2023 budget document posted before your deadline and never updated: likely covered by the pre-existing documents exception, as long as no one needs it to apply for or take part in a service.
• An agenda posted after your compliance date: not covered by either exception.

Exempt doesn't mean ignore

Even when a document is exempt, if a resident with a disability asks for it, you need to provide it in a way that works for them, such as an accessible PDF or Word version, large print, or a description of an image. Ask which format they need, and give their choice priority. Say on your archive page how to ask.

How to set up an archive section

1. Create a clearly labeled area, such as a page or menu section called "Archive" or "Archived records". Many website platforms, including CivicPlus, have an archive module for this.
2. Move qualifying old documents there, and stop linking to them from current pages.
3. Don't edit archived files. If something needs updating, post a new, accessible version in your current section.
4. Add a short note: "These records are kept for reference. If you need one in an accessible format, contact us at…"

How AccessClerk sorts documents

In an AccessClerk inventory, older, unchanged files that look like records are marked "Possible archive". Forms, applications, current agendas and recently changed files are marked "Fix first". These are starting points based on file names and dates. Whether a document actually qualifies is something to confirm with your attorney.

More guides

• ADA Title II website rule: deadlines and a plan for small towns
• How to make agenda, minutes and form PDFs accessible
• Scanned PDFs and screen readers: why copier scans fail and how to fix them
• Website vendor or staff: who fixes which accessibility problems?
• How to check your website’s accessibility for free

This guide is general information, not legal advice. Talk to your attorney about how the rule applies to you.