Commitment to Accessibility
Texas A&M University is committed to providing accessible digital resources in compliance with state and federal laws. In limited circumstances, exceptions to accessibility requirements may be permitted. These exceptions are narrow, carefully controlled, and require formal justification and documentation.
Accessibility Requirements Overview
Under both Texas Administrative Code (TAC 206 and 213) and ADA Title II, public institutions must ensure that digital content is accessible. This includes:
- Websites and web applications
- Online course materials and documents
- Software, platforms, and digital tools
- Hardware, including digital signage and kiosks
- Multimedia and communication systems
The recognized technical standard for compliance is WCAG 2.1 Level AA, which must be met unless a valid exception applies.
Exceptions Under Texas Law
Texas law allows exceptions for accessibility under specific circumstances defined in the Electronic and Information Resources (EIR) rules.
Significant Difficulty or Expense (Texas)
An exception may be granted if compliance would impose a significant difficulty or expense on the institution.
If this type of exception is requested, the following is required:
- Approval by the agency or institutional authority
- Written justification explaining why compliance cannot be achieved
- Documentation of:
- Technical limitations
- Cost of remediation
- Available alternatives
- A defined duration or expiration date
- A plan to provide alternate means of access for users with disabilities
Even when an exception is granted, access must still be provided through alternative methods.
Legacy Systems and Content
Older systems or content may qualify for limited exceptions if:
- They were created under earlier standards
- They have not been significantly updated or modified
- They are scheduled for replacement or retirement
No Statewide Blanket Exemptions
There are no broad exemptions that apply universally across Texas institutions. Each exception must be:
- Evaluated individually
- Approved formally
- Documented and retained
Only the state CIO can approve statewide exemptions, which are rare.
Exceptions Under ADA Title II
The 2024 ADA Title II rule establishes clear accessibility requirements for digital content while allowing very limited exceptions.
Undue Burden
An exception may apply if compliance would create an undue financial or administrative burden.
- Defined as significant difficulty or expense relative to available resources
- Determined on a case‑by‑case basis
- Must be formally documented and approved
Even when undue burden is established, the institution must still provide reasonable alternative access.
Fundamental Alteration
An exception may apply if making a resource accessible would fundamentally alter the nature of a program, service, or activity.
- Applies only in rare circumstances
- Requires strong justification and review
- Must be documented and approved at a high level
Specific Content-Based Exceptions
Title II also includes limited exceptions for certain types of content:
- Archived content
- Maintained for reference only
- Not updated or actively used
- Pre-existing documents
- Created before compliance deadlines
- Not actively used in programs or services
- Third-party content
- Not controlled or managed by the institution
- Secure or individualized documents
- Specific to an individual and protected by authentication
All conditions must be met for these exceptions to apply.
Key Principles for All Exceptions
Regardless of whether the exception falls under Texas law or ADA Title II, the following principles apply:
- Accessibility is still required whenever possible
- Exceptions must be rare, justified, and documented
- Users must still be provided timely and effective alternative access
- Exceptions do not remove legal obligations or user rights
At Texas A&M, an accessibility exception represents a temporary condition, not a permanent solution. It signals the need for remediation, replacement, or transition planning.