The new federal web accessibility rule raises an important question for schools: are there exceptions to WCAG compliance requirements, and if so, what are they?
While limited exceptions do exist, they are narrow and frequently misunderstood. Relying on them incorrectly is one of the fastest ways for districts to fall out of compliance.
This guide explains what content is included, what may be excluded, and how schools should plan responsibly under the new rule.
What the New ADA Web Accessibility Rule Covers
Under the Department of Justice’s March 2024 rule, state and local governments—including public school districts—must ensure their digital content complies with WCAG 2.1 AA.
This includes:
- Websites
- Mobile applications
- Digital documents
- Online instructional materials
- Learning management systems (LMS)
The full rule is available here: DOJ Web Accessibility Rule – March 2024
As a general rule, schools should assume:
If digital content is used to provide information, instruction, or services, it is in scope.
What Is Always Included (No Exceptions)
Certain types of content are explicitly covered and should always be treated as in scope.
Teacher-Created Instructional Materials
These materials must be accessible:
- PDFs and handouts
- Google Docs and Word documents
- Slide presentations
- Assignments and worksheets
- Content uploaded to LMS platforms
If a teacher shares it digitally with students, it is included.
Content Used for School Programs and Services
Accessibility applies to content used for:
- Classroom instruction
- Special education services
- Parent communication
- Enrollment, registration, and forms
- School announcements and resources
Limited and Specific Exceptions
The rule includes a small number of narrowly defined exceptions. These should be applied cautiously.
Archived Content (With Strict Conditions)
Archived content may be exempt only if all of the following are true:
- It is retained solely for recordkeeping or reference
- It is not used for current instruction or services
- It is clearly labeled as archived
- It was created before the compliance deadline
If archived content is reused, linked, or relied upon, it immediately becomes in scope again.
Older Content Not Used for Current Services
Some legacy materials that are no longer relevant or accessed may qualify as out of scope. However, districts must be able to clearly justify this.
If a student, parent, or staff member needs the content to participate, it is not exempt.
Third-Party Content Not Controlled by the School
Content that is fully controlled by third parties and not required for participation may fall outside direct responsibility.
That said, if a school links to or relies on third-party content for instruction or services, accessibility obligations may still apply.
What Is Not an Exception (But Often Assumed to Be)
The following are not valid exemptions:
- Content is internal only
- A teacher created the material
- The content is old
- Limited time or budget
- Small audience size
- No accessibility complaints have been filed
Legal responsibility does not depend on intent or awareness.
Why Managing Exceptions Manually Is Risky
Attempting to sort content into “included” and “excluded” categories manually often leads to:
- Missed accessibility issues
- Inconsistent enforcement
- Increased legal exposure
- Added pressure on teachers
Exceptions are edge cases, not a sustainable compliance strategy.
A Safer Planning Approach for Schools
Rather than relying on exceptions, districts should:
- Treat all active instructional content as in scope
- Centralize and automate accessibility remediation
- Use exceptions sparingly and with clear documentation
- Keep teachers out of legal and compliance decision-making
This approach protects both staff and the district.
How ClearLinks Helps Schools Navigate Exceptions
ClearLinks helps schools meet WCAG requirements without forcing educators to interpret legal gray areas.
Our platform:
- Automatically identifies accessibility issues
- Remediates teacher-created content at scale
- Reduces reliance on risky exception assumptions
- Maintains ongoing compliance as content evolves
Accessibility should be systematic, consistent, and invisible to teachers.
Ready to understand how the new rule applies to your district? Contact ClearLinks to build a safe, exception-aware compliance plan.