ADA Best Practices Tool Kit for State and Local Governments

A. ADA Basics for Emergency Management

One of the primary responsibilities of state and local governments is to protect residents and visitors from harm, including assistance in preparing for, responding to, and recovering from emergencies and disasters. State and local governments must comply with Title II of the ADA in the emergency- and disaster-related programs, services, and activities they provide.¹ This requirement applies to programs, services, and activities provided directly by state and local governments as well as those provided through third parties, such as the American Red Cross, private nonprofit organizations, and religious entities.² Under Title II of the ADA, emergency programs, services, activities, and facilities must be accessible to people with disabilities ³ and generally may not use eligibility criteria that screen out or tend to screen out people with disabilities.⁴ The ADA also requires making reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination against a person with a disability⁵ and taking the steps necessary to ensure effective communication with people with disabilities.⁶ The ADA generally does not require state or local emergency management programs to take actions that would fundamentally alter the nature of a program, service, or activity or impose undue financial and administrative burdens.⁷