The exceptions in this section only apply in situations where
a public entity intends to comply with this rule by meeting the Technical
Standards under section 11.5.A; it does not apply when a public entity is
meeting its compliance requirements under sections 11.5.B - E. This means that
if a public entity seeks compliance with this rule by meeting the Technical
Standards in section 11.5.A, any ICT covered by an exception need not meet
those Technical Standards. The exceptions to the Technical Standards under
section 11.5.A are as follows:
A.
Content posted by a third party. Content posted by a third
party unless the third party is posting due to contractual, licensing, or other
arrangements with the public entity.
B.
Individualized, password protected
or otherwise secured conventional electronic documents. Conventional
electronic documents that are:
(1) about a
specific individual, their property, or their account; and
(2) password-protected or otherwise
secured.
C.
Preexisting social media posts. A public entity's social media
posts that were posted before July 1, 2024.
D.
Preexisting conventional
electronic documents. A public entity's conventional electronic
documents that:
1. Were last updated and made
available publicly or internally before July 1, 2024; and
2. Are not currently used to apply for, gain
access to, or participate in the public entity's services, programs, or
activities; and
3. Are not
currently used by employees to perform their job duties.
E.
Substantially equivalent access
and ease of use. An individual with a disability is not substantially
hindered, with reasonable accommodations or modifications if needed, from
accessing or engaging effectively in the same or substantially equivalent
services, programs, and activities that the public entity offers through its
ICT to those without disabilities, with substantially equivalent ease of
use.
F.
ICT with closed
functionality. Public entities are subject to the federal exemptions
enumerated in 508 Chapter 2. Exceptions should be read, interpreted, and
applied using "Colorado Standards for Technology Accessibility" in place of
"Revised 508 Standards."
Even if an exception under this section 11.7 applies to a
particular ICT, the public entity is only exempt from the Technical Standards
set forth in section 11.5.A. The public entity remains obligated to make the
ICT accessible by meeting one of the other compliance obligations under section
11.5, unless doing so would constitute an undue hardship, undue burden,
fundamental alteration, or direct threat pursuant to section
11.10.
