Do old agendas and minutes have to be accessible?

The four-part test

Under 28 CFR 35.104, web content is "archived" only if all four of these are true. Miss one and the exception does not apply.

The archived web content test, in the rule's words and in plain language
The rule says it	In plain language
Was created before the date the public entity is required to comply, or reproduces paper documents or other physical media created before that date	It existed before your deadline: April 26, 2027 for governments of 50,000 or more, April 26, 2028 for smaller ones and special districts.
Is retained exclusively for reference, research, or recordkeeping	Nobody needs it to apply for, pay for or take part in anything. It is kept only as a record.
Is not altered or updated after the date of archiving	Once it is in the archive, you leave it alone.
Is organized and stored in a dedicated area or areas clearly identified as being archived	It lives in a section of your site plainly labeled as an archive, not mixed in with current documents.

A separate exception for older documents

The rule also exempts PDFs, word processing files, slides and spreadsheets that were on your site before your compliance date, even if they are not in an archive, "unless such documents are currently used to apply for, gain access to, or participate in" your services, programs or activities. A 2019 permit application that people still download and fill out is covered. A 2019 annual report nobody uses to get a service usually is not.

Applying it to a document center

Common municipal documents and how the exceptions usually apply
Document	Usually	Why
Minutes from past years, created before your compliance date and moved to a labeled archive page	Archive	Kept as a record, not changed, clearly labeled.
Agendas for past meetings, created before your compliance date	Archive	Once the meeting is over, the agenda is a record. Agendas created after your compliance date can never be archived content.
Current agendas, packets and minutes	Fix	Residents use them to follow and join public meetings.
Forms, applications, permits, license renewals	Fix	Used to apply for or get a service, whatever their age.
Current budget, fee schedule, ordinances in force	Fix	Still in use and often updated.
Old newsletters and annual reports	Archive or remove	Kept for reference only.
Anything you plan to edit or replace	Fix	Altered content cannot stay archived.
Anything posted after your compliance date	Fix	New content never qualifies.

Archived does not mean off the hook

The Justice Department's own fact sheet says a government "would likely still need to provide the content to a person with a disability who needs it in a format that is accessible to them." So the archive page should say how to ask for an accessible copy, and someone should own those requests and answer them promptly.

How to set up the archive

Create one page or section titled clearly, for example "Archived documents," and explain that its contents are kept for reference only.
Move qualifying files there before your compliance date. Keep their original file names where you can, so old links can be redirected.
Add a line on how to request an accessible version, with an email address and phone number.
Stop editing anything in the archive. If a document needs an update, fix it and publish it as current content.
Write down your sorting rule, for example "minutes older than the current and prior year are archived," and apply it the same way every month.

Sorting is the cheapest part of compliance. A municipality with 2,000 PDFs may need only a few hundred fixed once the archive is set up properly. How sorting changes the cost of fixing PDFs.

The same test applies under HHS's rule

Nonprofits and providers that receive HHS funds face a parallel rule under Section 504, with the same archived content and older document exceptions keyed to their own dates. Read the HHS guide.

This guide explains federal rules in plain language. It is not legal advice. Check the current text of the rule, and ask your municipal attorney about your own situation.