Who Title II Covers
Title II of the ADA applies to every state and local government entity in the United States — regardless of size. This includes:
- State agencies and departments
- City and county governments
- Public school districts and state universities
- Public transit authorities
- Courts, jails, and law enforcement agencies
- Public libraries, parks, and recreation programs
- Public hospitals and health departments
- Licensing and regulatory agencies
The rule is simple: all services, programs, and activities of a public entity must be accessible to people with disabilities. There is no exemption for small governments.
Official Standard
42 U.S.C. §12131 — Definitions
"The term 'public entity' means — (A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government."
42 U.S.C. §12132 — Discrimination
"No qualified individual with a disability shall, by reason of such disability, 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 such entity."
Program Access
Program access is Title II's core requirement for existing facilities. It means the government's programs must be accessible overall — but not necessarily in every single building.
Example: A city offers voter registration at 10 locations. Three buildings have stairs and no elevator. The city doesn't have to renovate all 10 buildings — but it must ensure that enough locations are accessible so a person with a disability can register to vote with the same convenience as everyone else.
Methods to achieve program access include:
- Moving a program to an accessible location
- Offering home visits or online alternatives
- Making structural modifications to buildings
- Reassigning staff or services to accessible floors
Official Standard
28 CFR §35.150 — Existing Facilities
"(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."
"(b)(1) A public entity is not required to make each of its existing facilities accessible to and usable by individuals with disabilities."
Effective Communication
Government entities must communicate effectivelywith people who have disabilities that affect hearing, vision, or speech. This includes providing auxiliary aids and services at no cost to the individual:
- Sign language interpreters for deaf individuals at court hearings, public meetings, or service appointments
- Documents in Braille or large print for people with vision disabilities
- Assistive listening devices at public meetings
- Captioning for government videos and live events
- Accessible websites and digital content
The government must give primary consideration to the individual's preferred format — you can't just hand everyone a written note when they've requested a sign language interpreter.
Official Standard
28 CFR §35.160 — General
"(a)(1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others."
28 CFR §35.160(b)(2)
"The type of auxiliary aid or service necessary to ensure effective communication will vary… A public entity shall give primary consideration to the requests of individuals with disabilities."
Reasonable Modifications
Government entities must modify their rules when needed so people with disabilities can participate equally.
Examples:
- A "no animals" policy must be modified to allow service animals
- A permit office that requires in-person visits must allow a person who can't travel to submit by mail or online
- A parks department must modify a "no motorized vehicles" rule to allow power wheelchairs on trails
- Extended time on written tests administered by the government
The only exception: modifications that would fundamentally alter the nature of the program or service.
Official Standard
28 CFR §35.130(b)(7)
"A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
Self-Evaluation & Transition Plans
Title II requires every public entity to:
- Self-evaluation: Review all policies, practices, and programs to identify barriers for people with disabilities. This should have been completed within one year of the ADA's effective date (January 26, 1993), but the obligation is ongoing.
- Transition plan: If structural changes to buildings are needed for program access, the entity must develop a plan with specific timelines for making those changes. The plan must be available for public review.
28 CFR §35.150(d)
"A public entity that employs 50 or more persons shall develop a transition plan setting forth the steps necessary to complete structural changes… The plan shall, at a minimum: (1) Identify physical obstacles… (2) Describe… the methods to be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary; and (4) Indicate the official responsible."
ADA Coordinator & Grievance Procedures
Public entities with 50 or more employees must:
- Designate an ADA Coordinator: A specific person responsible for overseeing ADA compliance. Their name, office address, and phone number must be publicly available.
- Adopt grievance procedures: A formal process where people with disabilities can file complaints about accessibility barriers. The process must be prompt and fair.
Even entities with fewer than 50 employees must comply with all other Title II requirements — they just aren't required to formally designate an ADA Coordinator or adopt written grievance procedures.
Official Standard
28 CFR §35.107(a)
"A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint."
28 CFR §35.107(b)
"A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part."
The Integration Mandate (Olmstead)
Title II includes an integration mandate — the requirement that government services be provided in the most integrated setting appropriate. This was strengthened by the landmark Olmstead v. L.C. Supreme Court decision in 1999.
What this means in practice:
- People with disabilities have the right to live and receive services in the community rather than in institutions, when appropriate
- States must develop plans to move people out of institutional settings when they can live in the community
- Government programs cannot unnecessarily segregatepeople with disabilities from the general public
28 CFR §35.130(d)
"A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities."
New Construction & Alterations
When a public entity builds a new facility or makes alterations to an existing one, different (and stricter) rules apply:
- New construction: Facilities designed and built for first occupancy after January 26, 1992 must be fully accessible and comply with the 2010 ADA Standards for Accessible Design.
- Alterations: When an entity renovates a facility, the altered portions must be made accessible to the maximum extent feasible. If the alteration affects an area's usability, the path of travel to that area must also be made accessible (up to 20% of the alteration cost).
Important Note
This guide provides general information about Title II obligations. State and local governments may also have additional requirements under state law. For legal advice about specific obligations or rights, connect with an experienced ADA attorney.
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