Archiving non-accessible documents
Federal law requires
all state agencies to have accessible websites, including digital documents. Any web content people use to apply for, gain access to, or take part in your services, programs, or activities must be accessible and meet WCAG 2.1 AA standards. This applies to all content, no matter when it was made.
Exceptions exist for some documents
The federal Department of Justice created
a narrow exception for certain materials, but only when all four criteria are met simultaneously. The archive exception provides helpful and necessarily flexibility for government websites, but it’s narrowly defined for good reason. Accessibility laws’ core principles remain unchanged: people with disabilities have a right to equal access to government information and services. When in doubt, making content accessible protects both your community members and your compliance position.
Examples
Do meet exception criteria
- Crash data reports from several years ago. They meet the criteria because they were created prior to April 26, 2026, are for research purposes, and are not used actively by the majority of our audiences.
- A report from 2023 required by Oregon law to be kept online for 10 years. This meets the criteria because it was created prior to April 26, 2026, is legally required (must be in an ORS) and is not used actively by the majority of our audiences.
- A contract from 1919 in the ODOT Library. This meets the criteria because it was created prior to April 26, 2026, is a historical reference and is not used actively by the majority of our audience.
Doesn't meet the criteria
- A project handout from 2024. Although it is pre-April 2026, it isn't a research document or a reference document.
- A 2020 grant application form. Although it is pre-April 2026, it isn't a research document or a reference document.
- A frequently asked questions document created in May 2026. It's after the deadline, isn't a research document and is in active use.
Sometimes the answer isn't clear. Use your best judgement. If you have questions, contact your lead web editor or our
content strategist.