State & Local Government (ADA Title II)

Yes. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any instrumentalities or special purpose districts — including public schools, community colleges, city police departments, and public libraries. Title II also covers Amtrak and extends to all public entities providing transportation, regardless of whether they receive federal financial assistance. Source: ADA National Network

A state or local government must eliminate any eligibility criteria that screen out or tend to screen out persons with disabilities, unless those requirements are necessary for the service itself. It may adopt safety requirements, but only those based on real risks — not on stereotypes or generalizations. Public entities must also reasonably modify their policies, practices, or procedures to avoid discrimination. The only exception is if a modification would fundamentally alter the nature of the service. Source: ADA National Network

A self-evaluation is a public entity's comprehensive assessment of its programs, services, activities, facilities, and current policies and procedures. It identifies barriers to access that are inconsistent with Title II requirements. All public entities should have completed their initial self-evaluation by January 26, 1993. Entities with 50 or more employees must retain their self-evaluation for three years. Source: ADA National Network

The 2011 revised ADA Title II regulations do not require a new or updated self-evaluation or transition plan. However, the DOJ strongly encourages ongoing assessment. Regularly updating these plans helps government entities monitor compliance and stay on track with improving accessibility. If an entity has never done a self-evaluation, it is recommended they do one now. Source: ADA National Network

A public entity must ensure that individuals with disabilities can participate in its services, programs, and activities. The standard is "program accessibility" — meaning the entity's programs, when viewed as a whole, must be readily accessible and usable. Public entities do not need to make every existing facility accessible, but must achieve access through some combination of altering facilities, relocating services, or changing policies. Source: ADA National Network

Effective March 15, 2012, the ADA requires that all new construction or alterations by a state or local government meet the 2010 ADA Standards for Accessible Design. This applies to any construction started on or after that date. Source: ADA National Network

State and local agencies that provide emergency telephone services must provide "direct access" to individuals who use TTY (teletypewriter) devices or computer modems. Access through a third party or relay service does not satisfy this requirement. A public entity may not substitute a separate 7-digit line as the sole means of access to 911 for TTY users. Source: ADA National Network

Yes. Title II prohibits all public entities — regardless of their workforce size — from discriminating in employment of individuals with disabilities. Unlike Title I (which only applies to private employers with 15+ employees), Title II's employment protections apply to all government employers. Source: ADA National Network

Individuals may bring private lawsuits to enforce their Title II rights and may receive attorney's fees. They may also file complaints with one of eight designated federal agencies. Complaints may always be filed with the Department of Justice, which will route the complaint to the appropriate agency. Source: ADA National Network

If you believe you or someone else was discriminated against based on a disability, you can file a complaint with the DOJ against a state or local government (such as a public hospital, school, or government program) or a private business open to the public. Complaints can be submitted online or by mail at ada.gov/file-a-complaint. The ADA Information Line (1-800-514-0301 voice, 1-800-610-1264 TTY) can assist if you need a reasonable accommodation to submit your complaint. Source: ADA National Network