Title II - State and Local Government Activities
Title II applies to State and local government entities and protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II requires State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities. (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).
Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973 to all activities of State and local governments regardless of whether these entities receive Federal financial assistance.
Public entities are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless it can be demonstrated doing so would fundamentally alter the nature of the service, program, or activity being provided. Public entities are not required to take actions that would result in undue financial and administrative burdens.
State and local governments must ensure effective communication occurs with people who have hearing, vision, or speech disabilities. State and local governments follow specific architectural standards in the new construction and alterations of their buildings. They also must relocate programs or otherwise provide access in inaccessible buildings.
The Department of Justice published revised regulations for Titles II and III of the ADA on September 15, 2010. The 2010 Standards set minimum requirements – both scoping and technical -- for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. More details on the 2010 ADA Standards for Accessible Design can be found here.