The rule
Which documents are covered
The rule covers “conventional electronic documents”: PDFs, word processing files, presentations and spreadsheets that are part of your web content (28 CFR § 35.104). DOJ calls this an exhaustive list of file formats (89 FR 31363–64). If a file is posted on or linked from your website, it is covered unless one of the five exceptions applies.
How we prioritize: three tiers
- Tier 1: in active use. Fix first.
- Documents people use today to apply for, gain access to or take part in your programs: forms, applications, handbooks, current policies, notices and procedures, current-year schedules. The exception for older documents does not apply to these, no matter when they were posted (28 CFR § 35.201(b)).
- Tier 2: current information.
- Reports, plans, newsletters and similar documents that people read but do not need in order to use a service. Covered, but after Tier 1.
- Tier 3: older reference material.
- Past minutes, prior-year budgets and audits, old newsletters. These are often candidates for a clearly labeled archive or for removal, which can be a better answer than remediation (28 CFR § 35.201(a)).
K-12 school district websites
| Site section | Documents | Tier |
|---|---|---|
| School Committee / Board | Policy manual (often hosted off-site), agendas, minutes, meeting packets | Policies and upcoming agendas: Tier 1. Past minutes: Tier 3 (archive candidates) |
| District / Superintendent | Student handbooks, strategic plan, district improvement plan, annual report, budget book, calendar | Handbooks and current-year plans: Tier 1. Prior years: Tier 3 |
| Families / Enrollment | Registration and enrollment forms, residency affidavit, home-language survey, health and immunization forms, transportation forms, free and reduced meals application | Tier 1 (forms are never exempt) |
| Student Services / Special Education | Notice of Procedural Safeguards, IEP process guides, Section 504 procedures and forms, parent guides, evaluation consent forms | Tier 1, and the documents families of students with disabilities rely on most |
| Civil rights / Title IX | Nondiscrimination notice, Title IX grievance procedure, bullying prevention and intervention plan, ADA notice and grievance procedure | Tier 1 |
| Human Resources | Job postings, employment applications, benefits guides, collective bargaining agreements | Applications: Tier 1. Agreements: Tier 2 |
| Curriculum / Programs | Program of studies, course catalogs, graduation requirements, assessment guides | Tier 1 if current year |
| Food Services, Athletics, Technology | Menus, athletic forms and handbooks, acceptable-use policy, device agreements | Forms and agreements: Tier 1. Menus: Tier 2 |
| Finance / Procurement | Budget documents, audits, requests for proposals, bid documents | Current RFPs: Tier 1. Past audits: Tier 3 |
| News / Communications | Newsletters, flyers, presentations | Current: Tier 2. Older: Tier 3 |
City and town websites
| Site section | Documents | Tier |
|---|---|---|
| Select Board / Council, Town Manager | Agendas, minutes, meeting packets, policies | Upcoming agendas: Tier 1. Minutes: Tier 3 |
| Town Clerk | Town Meeting warrants, annual town report, general and zoning bylaws, election information, dog licensing and vital records forms | Warrants, bylaws, forms: Tier 1 |
| Assessors, Treasurer / Collector | Abatement and exemption applications, tax information, assessor maps | Applications: Tier 1. Maps: Tier 2 (often need alternate formats) |
| Building, Planning, Zoning, Health | Permit applications, zoning bylaw, master plan, subdivision rules, septic and food permits | Applications: Tier 1. Plans: Tier 2 |
| ADA / Commission on Disability | ADA notice, grievance procedure, self-evaluation, transition plan | Tier 1 |
| DPW, Water, Recycling | Trash and recycling schedules, water quality (Consumer Confidence) reports, hydrant flushing notices | Schedules: Tier 1. Reports: Tier 2 |
| Human Resources | Job postings and applications, employee handbook | Applications: Tier 1 |
| Council on Aging, Recreation, Library, Veterans | Newsletters, program registration forms, library policies | Forms: Tier 1. Newsletters: Tier 2 |
| Finance | Operating budget, capital plan, audits, free-cash certifications | Current: Tier 2. Past: Tier 3 |
| Police, Fire, Emergency Management | Permit forms, emergency plans | Forms: Tier 1 |
Public colleges and universities
The same patterns apply, plus course catalogs, academic policies, financial aid forms, disability services procedures, syllabus templates, HR forms and board of trustees materials.
Where the files live
Many covered documents are not stored on your own web server. Policy manuals, agenda packets and forms are often hosted by vendors or linked from cloud storage. If your site links to a file that a vendor posts for you, it is still yours to make accessible (28 CFR § 35.201(c)). Our inventory follows those links.
See what is on your site