Title II Technical Assistance Manual - This technical assistance manual addresses the requirements of title II of the Americans with Disabilities Act, which applies to the operations of state and local governments. The technical assistance manual presents the ADA's requirements for state and local governments in a format that will be useful to the widest possible audience. The manual attempts to avoid an overly legalistic style without sacrificing completeness. In order to promote readability and understanding, the text makes liberal use of questions and answers and illustrations.

Title II Regulations

The Department of Justice's regulation implementing title II, subtitle A, of the ADA which prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services.

Regulations

The regulations for title II of the ADA are presented in the following documents.


1. Sec. 35.101 Purpose.
2. Sec. 35.102 Application.
3. Sec. 35.103 Relationship to other laws.
4. Sec. 35.104 Definitions.
5. Sec. 35.105 Self-Evaluation.
6. Sec. 35.106 Notice.
7. Sec. 35.107 Designation of responsible employee and adoption of grievance procedures.
8. Sec. 35.130 General prohibitions against discrimination.
9. Sec. 35.131 Illegal use of drugs.
10. Sec. 35.132 Smoking.
11. Sec. 35.133 Maintenance of accessible features.
12. Sec. 35.134 Retaliation or coercion.
13. Sec. 35.135 Personal devices and services.
14. Sec. 35.140 Employment discrimination prohibited.
15. Sec. 35.149 Discrimination prohibited.
16. Sec. 35.150 Existing facilities.
17. Sec. 35.151 New construction and alterations.
18. Sec. 35.160 General.
19. Sec. 35.161 Telecommunication devices for the deaf (TDD's).
20. Sec. 35.162 Telephone emergency services.
21. Sec. 35.163 Information and signage.
22. Sec. 35.164 Duties.
23. Sec. 35.170 Complaints.
24. Sec. 35.171 Acceptance of complaints.
25. Sec. 35.172 Resolution of complaints.
26. Sec. 35.173 Voluntary compliance agreements.
27. Sec. 35.174 Referral.
28. Sec. 35.175 Attorney's fees.
29. Sec. 35.176 Alternative means of dispute resolution.
30. Sec. 35.177 Effect of unavailability of technical assistance.
31. Sec. 35.178 State immunity.
32. Sec. 35.190 Designated agencies.

Other Government Documents:

1. Title II Highlights . An 8-page outline of the key requirements of the ADA for State and local governments. This publication provides detailed information in bullet format for quick reference.
2. Commonly Asked Questions About Title II of the ADA . A 6-page fact sheet explaining the requirements of the ADA for State and local governments.
3. ADA Guide for Small Towns A 21-page guide that presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA.
4. The ADA and City Governments: Common Problems. A 9-page document that contains a sampling of common problems shared by city governments of all sizes, provides examples of common deficiencies and explains how these problems affect persons with disabilities.
5. Americans with Disabilities Act and Its Applicability to Zoos - This brief document presents a position statement by the Department of Justice in regard to the use of service animals in public areas of zoos.
6. Accessible Stadiums(PDF version) - A 4-page publication highlighting features that must be accessible in new stadiums and providing guidance on line of sight for wheelchair seating locations.
7. Acessibility of State and Local Government Websites to People with Disabilities. A 5-page publication providing guidance on making State and local government websites accessibile.
8. Commonly Asked Questions About the ADA and Law Enforcement . A 13-page publication providing information for law enforcement agencies in a simple question and answer format.
9. Questions and Answers: The ADA and Hiring Police Officers . A 5-page publication providing information on ADA requirements for interviewing and hiring police officers.
10. Final rule for Detention & Judicial Facilities
11. Title II Complaint Form . Standard form for filing a complaint under title II of the ADA or section 504 of the Rehabilitation Act of 1973, which prohibit discrimination on the basis of disability by State and local governments and by recipients of federal financial assistance.
12. State Legislatures and Olmstead: What's New in 2002 presented by Jo Donlin and Barbara Coleman on November 6, 2002
13. State Legislatures and the Olmstead Decision: "What's the Latest?" presented by Johanna Donlin and Wendy Fox-Grage on July 17, 2002
14. Three-part DLRP Web cast series:
    • Part I: Review of the United States Supreme Court Decision in the Board of Trustees of Alabama vs. Garrett presented by Vinh Nguyen, JD, MBA, on July 10, 2002
    • Part II: State Laws Protecting the Rights of People with Disabilities presented by Aaron McCullough, JD on August 7, 2002
    • Part III: The Power and Scope of Section 504 of the Rehabilitation Act - Using it to Advocate for Your Rights as a Person with a Disability presented by Brian East, August 12, 2002

ADA in the Courtroom:

1. Frequently asked questions(PDF version) - The application of the ADA to courts and their practices.
2. Communication Accessibility in the Courts(PDF version) - General information on ADA compliance with legalities concerning individuals with communication disabilities.
3. Implementing the Americans with Disabilities Act in a Trial Court(PDF version) - This paper discusses Title II, of the five sections, of the Americans With Disabilities Act. It addresses access to public services.
4. Implementation of the Americans with Disabilities Act in the New Jersey Judicial System(PDF version) - This article discusses how the New Jersey State Administrative Office of the Courts (AOC) set out in 1993 to establish a comprehensive program to implement the Americans with Disabilities Act and other applicable disability laws throughout the courts in New Jersey.
5. Assisting the Blind and Visually Impaired(PDF version) - General information on ADA compliance with legalities concerning the visually impaired.
6. Making Room for Mediation(PDF version) - Trends-related article describing various concerns when designing a room or designating an area for court-connected mediation.
7. Trends 2000: Implementing the ADA in State Courts:(PDF version) - What Your Court Needs to Know - Article from the 2000 Trends Report produced by the National Center for State Courts' Knowledge and Information Services.

1. State & Local Government-Related Interpretation Letters - Federal government agencies respond to citizen requests for interpretation of the ADA. At this link you will find a selection of those interpretation letters specifically related to state & local government issues.
2. State & Local Government Enforcement   - The ADA is continuously interpreted through court settlements and decisions. At this link you will find a selection of those settlement agreemnets and letters of finding specifically related to state & local government issues.
3. Project Civic Access - This link provides a list of the currently indexed settlement agreements with cities and towns to bring their municipality into compliance with the ADA. Project Civic Access is a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department of Justice has conducted reviews in 50 states, as well as Puerto Rico and the District of Columbia.