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Guide

Program Accessibility

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What Program Access Means

Program access is the standard Title II uses for existing government facilities. The key phrase is "when viewed in its entirety" — meaning the overall program must be accessible, even if individual buildings are not.

This is a practical, flexible standard. It recognizes that many government buildings are old and may be difficult to renovate. Instead of requiring every building to be fully accessible, it asks: can a person with a disability actually access and use the government's programs?

Example: A county has four offices that issue driver's licenses. Two are in older buildings with stairs. As long as the other two offices are accessible and reasonably located, the program — driver's license services — is accessible "when viewed in its entirety."

Official Standard

28 CFR §35.149 — Discrimination Prohibited

"Except as otherwise provided in §35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity."

28 CFR §35.150(a)

"A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities."

Methods to Achieve Program Access

Government entities can use a variety of methods to make programs accessible without necessarily renovating every building:

Relocate the service

Move the program or service to an accessible building. A city could hold public hearings at the accessible community center instead of an older city hall.

Reassign to accessible areas

Move staff or services to an accessible floor or wing of the same building. A clerk's office on the second floor with no elevator could serve walk-in customers at a first-floor window.

Offer home visits

For social services, inspections, or other programs, staff can visit the individual's home instead of requiring them to come to an inaccessible office.

Provide online or phone alternatives

Many services can be offered online, by phone, or by mail — tax payments, license renewals, complaint filings, records requests.

Make structural changes

Install ramps, widen doorways, add accessible restrooms, or make other physical modifications to the building.

Use portable equipment

Temporary ramps, assistive listening devices, or mobile accessible voting machines can be deployed as needed.

Not Every Building Has to Be Accessible

This is a common misconception. Title II does notrequire every government-owned building to be fully accessible. It requires that programs be accessible.

However, there are limits to this flexibility:

  • The alternative must provide equal access — not a lesser experience. Sending someone to a different office across town when an accessible office exists next door is not equal access.
  • Unique programs in a single location must be made accessible at that location. If city council meetings happen only at city hall, that room must be accessible — you can't tell wheelchair users to watch from home.
  • The person with a disability should not bear a disproportionate burden — like traveling much farther, waiting much longer, or getting less service.

Official Standard

28 CFR §35.150(a)(1)

"A public entity is not required to make each of its existing facilities accessible to and usable by individuals with disabilities."

Transition Plans

When structural changes are needed, public entities with 50+ employees must create a transition plan:

  • Identify barriers: Survey all facilities and list the physical obstacles
  • Describe solutions: For each barrier, explain how it will be removed (ramp, elevator, door widening, etc.)
  • Set a timeline: Specific dates for when each change will be completed
  • Name a responsible official: One person accountable for implementing the plan
  • Public input: The plan must be made available for public review, and the entity should seek input from people with disabilities during development

Official Standard

28 CFR §35.150(d)

"In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes."

The plan must: "(1) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs, activities, or services; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary…; and (4) Indicate the official responsible for implementation."

Undue Financial & Administrative Burden

Title II recognizes that some changes may be extremely costly or difficult. A public entity is not required to take any action that would result in an undue financial and administrative burden.

But this is a very high bar:

  • The decision must be made by the head of the entity(or their designee) — not a mid-level manager
  • It must be based on all resources available to the entity as a whole — not just one department's budget
  • Even if full compliance is an undue burden, the entity must still take whatever action it can that falls short of the undue burden
  • The determination must be accompanied by a written statement explaining the reasons

28 CFR §35.150(a)(3)

"The head of the public entity or his or her designee… shall decide… whether compliance with §35.150(a) would result in such distortion or undue burden. The decision shall be accompanied by a written statement of the reasons for reaching that conclusion."

Historic Preservation

Many government facilities are in historic buildings. Title II addresses this:

  • The program access requirement still applies — programs in historic buildings must be accessible
  • If making the building accessible would threaten or destroy its historic significance, alternative methods can be used (such as relocating the program)
  • The entity must consult with the State Historic Preservation Officer before concluding that a modification would threaten historic significance

Self-Evaluation Requirement

Title II requires every public entity to conduct a self- evaluation — a thorough review of all policies, practices, and procedures to determine whether they discriminate against people with disabilities.

  • The self-evaluation examines all programs and services — not just physical facilities
  • People with disabilities should be involved in the self-evaluation process
  • Entities with 50+ employees must keep the self-evaluation on file for 3 years
  • While the original deadline was 1993, the DOJ continues to enforce this obligation — many entities update their self-evaluations periodically

Important Note

This guide provides general information about the program access requirement under Title II. Specific obligations depend on the entity's size, resources, and the nature of its programs. For legal advice about your rights or your entity's obligations, connect with an experienced ADA attorney.

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