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34 CFR Part 104 Discrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice of Interpretation

Education's Enforcement of DOJ's Title II Regulations

Public entities that receive Federal financial assistance are subject to both Title II and Section 504, and, as described previously, Education shares enforcement responsibilities with DOJ for Title II because it is the designated agency for investigation of complaints and voluntary compliance under Title II. For new construction and alterations commenced on or after March 15, 2012, the 2010 Title II ADA Standards will be used by Education in its enforcement of the Title II regulations.[28]

28.  28 CFR 35.151(c)(3). In other words, for the purposes of Title II compliance, a public entity must comply with the 2010 Title II ADA Standards as of March 15, 2012, even if UFAS remains an option under the Section 504 regulations for some period after this date. In addition, DOJ, which enforces Title III of the ADA, has advised Education that as of March 15, 2012, entities subject to Title III must use the 2010 Title III ADA Standards for the purposes of Title III ADA compliance.


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