State and Local Government – Title II
Title II of the Americans with Disabilities Act
Title II of the Americans with Disabilities Act prohibits discrimination against people with disabilities in programs and services of state and local governments (public entities). Title II states that state and local governments may not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability. However, the individual must be otherwise qualified to participate in the program and/or service. Public services are required to make their programs, services, and activities programmatically accessible and must do so in the most integrated setting possible. In addition, a public service is required to eliminate unnecessary eligibility standards or rules, make reasonable modification to rules, policies, and practices, remove architectural, transportation, and communication barriers and provide auxiliary aids and services.
Public entities must also ensure that newly constructed buildings and facilities are free of architectural and communication barriers that restrict access or use by individuals with disabilities. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. In some instances, public services are not required to take any action that would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burden.