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Withdrawn Technical Assistance: Title II Highlights (revised in 2008)

The Department of Justice has withdrawn and, where applicable, removed from ADA.gov, this technical assistance document. This document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities' legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

II. Overview of Requirements

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.

    • For example, a city may not refuse to allow a person with epilepsy to use parks and recreational facilities.

  • Must provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.

  • Must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy their services, programs or activities unless "necessary" for the provisions of the service, program or activity.

    • Requirements that tend to screen out individuals with disabilities, such as requiring a driver's license as the only acceptable means of identification, are also prohibited.

    • Safety requirements that are necessary for the safe operation of the program in question, such as requirements for eligibility for drivers' licenses, may be imposed if they are based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.

  • Are required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result.

    • For example, a city office building would be required to make an exception to a rule prohibiting animals in public areas in order to admit guide dogs and other service animals assisting individuals with disabilities.

  • Must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

  • May provide special benefits, beyond those required by the regulation, to individuals with disabilities.

  • May not place special charges on individuals with disabilities to cover the costs of measures necessary to ensure nondiscriminatory treatment, such as making modifications required to provide program accessibility or providing qualified interpreters.

  • Shall operate their programs so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities. 


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