28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.170 Complaints
Last updated June 11, 2026
What 28 CFR §35.170 requires of state and local governments.
In Plain Language
Individuals who believe they have been discriminated against by a public entity under Title II may file a complaint with the appropriate federal agency. Complaints must be filed within 180 days of the alleged discrimination. The complaint triggers a federal investigation that can result in findings, compliance agreements, or referral to the Department of Justice. Filing a federal complaint is separate from using the entity's internal grievance procedure.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.170
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Who may file. An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part.
(b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency.
(c) Where to file. An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral as provided in § 35.171(a)(2).
What § 35.170 Means in Practice
- Any individual who believes they or a class have been subjected to disability discrimination may file a complaint
- Complaints must be filed within 180 days of the alleged discrimination, unless the agency extends the time for good cause
- You can file with any federal agency: complaints filed with the wrong agency get referred, the clock is judged by the first filing
- Filing a federal complaint is free and does not require a lawyer
Common Questions
Can I file a federal complaint and use the entity's grievance procedure at the same time?
Yes. They are independent processes. Using the internal grievance procedure does not waive your right to file a federal complaint.
What happens after I file?
The designated agency reviews the complaint for jurisdiction, investigates if accepted, and may negotiate a compliance agreement with the entity.
Does § 35.170 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830