ADA Title II: State and Local Government

Author: U.S. Department of Justice
Published: 4 Jan 2009 - Updated: 14 Feb 2019

Contents: Synopsis - Introduction - Main - Related Publications

Synopsis: ADA Title II covers all activities of State and local governments regardless of the government entities size or receipt of Federal funding.

Introduction

ADA Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

Main Content

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings.

They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities.

Public entities are not required to take actions that would result in undue financial and administrative burdens.

They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination.

In certain situations, cases may be referred to a mediation program sponsored by the Department.

The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

Title II may also be enforced through private lawsuits in Federal court.

It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

For more information, contact:

U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue,

N.W. Disability Rights Section

NYAV Washington, D.C. 20530

(800) 514-0301 (voice)

(800) 514-0383 (TTY)