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Withdrawn Technical Assistance: Title II Highlights (revised in 2008)

The Department of Justice has withdrawn and, where applicable, removed from ADA.gov, this technical assistance document. This document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document.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.

IV. Program Access

State and local governments--

  • Must ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible.

  • Need not remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility. 

  • ​Can provide the services, programs, and activities offered in the facility to individuals with disabilities through alternative methods, if physical barriers are not removed, such as --

    • Relocating a service to an accessible facility, e.g., moving a public information office from the third floor to the first floor of a building.

    • Providing an aide or personal assistant to enable an individual with a disability to obtain the service.

    • Providing benefits or services at an individual's home, or at an alternative accessible site.

  • May not carry an individual with a disability as a method of providing program access, except in oemanifestly exceptionalî circumstances.

  • Are not required to take any action that would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens. However, public entities must take any other action, if available, that would not result in a fundamental alteration or undue burdens but would ensure that individuals with disabilities receive the benefits or services.


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