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ADA Best Practices Tool Kit for State and Local Governments

2. What is Covered?

Programs, Services, and Activities
Public entities may provide a wide range of programs, services, and activities. Police, fire, corrections, and courts are services offered by public entities. Administrative duties such as tax assessment or tax collection are services. Places people go such as parks, polling places, stadiums, and sidewalks are covered. These are just some examples (and by no means a complete list) of the types of programs, services, and activities typically offered by state and local governments.

Integrated Setting
One of the main goals of the ADA is to provide people with disabilities the opportunity to participate in the mainstream of American society. Commonly known as the “integration mandate,” public entities must make their programs, services, and activities accessible to qualified people with disabilities in the most integrated way appropriate to their needs.21

Separate or special activities are permitted under Title II of the ADA to ensure that people with disabilities receive an equal opportunity to benefit from your government’s programs, services, or activities.22 However, even if a separate program is offered to people with disabilities or people with one kind of disability, a public entity cannot deny a person with a disability access to the regular program. Under the ADA, people with disabilities get to decide which program they want to participate in, even if the public entity does not think the individual will benefit from the regular program.23

Example: A county may run a summer program for kids with disabilities in June and kids without disabilities in July. The county must allow kids with disabilities to attend either session.

21 28 C.F.R. § 35.130(d).
22 28 C.F.R. § 35.130(b)(1)(iv).
23 28 C.F.R. § 35.130(b)(2).

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