What is Title II?
The ADA has five sections or
"titles" which address
different areas of the law. Title II
of the ADA addresses public entities
such as state and local governments.
Title II of the ADA protects qualified
individuals with disabilities from
discrimination on the basis of
disability in accessing services,
programs, or activities.
Overview Of Requirements
This regulation covers all public
entities. All activities, services and
programs of public entities are
covered. This would include any state,
federal or local entity.
- May not refuse to allow a person
to participate in a service,
program, or activity simply
because the person has a
disability.
(For example, a city may not
refuse to allow a person with
epilepsy to use parks and
recreational facilities.)
- Must provide programs and
services in an integrated setting,
unless separate or different
measures are necessary to ensure
equal opportunity.
- Must eliminate unnecessary
eligibility standards or rules
that deny individuals with
disabilities an equal opportunity
to enjoy their services, programs
or activities unless
"necessary" for the
provisions of the service, program
or activity.
- Admit guide dogs and other
service animals assisting
individuals with disabilities.
- Must furnish auxiliary aids and
services when necessary to ensure
effective communication, unless an
undue burden or fundamental
alteration would result.
- May provide special benefits,
beyond those required by the
regulation, to individuals with
disabilities.
- May not place special charges on
individuals with disabilities to
cover the costs of measures
necessary to ensure
nondiscriminatory treatment, such
as making modifications required
to provide program accessibility
or providing qualified
interpreters.
- Shall operate their programs so
that, when viewed in their
entirety, they are readily
accessible to and usable by
individuals with disabilities.
Title
II Highlights from the Department of
Justice
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Purpose
ADA Title II
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