Southwest ADA Center

ADA Title II: State and Local Government Programs and Services

Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

General

Complaints of title II violations may be filed with the Department of Justice (DOJ) within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the DOJ. The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Education

The DOJ designates the Office for Civil Rights (OCR) of the Department of Education for enforcement of Title II in public education (primary, secondary, and post-secondary). Complaints of title II violations in public education must be filed with the OCR within 180 days of the date of discrimination.

For more information on the Department of Education OCR's role on enforcing Title II, contact:

Office for Civil Rights
US Department of Education

Customer Service Team
Mary E.Switzer Building
330 C Street, SW
Washington, DC 20202
(800) 421-3481 (voice)
(877) 521-2172 (TTY)

Health & Human Services

The Office for Civil Rights of the Department of Health and Human Services (HHS) enforces Title II of the ADA as it applies to health and social services, programs, and activities conducted by public entities (state and local governments, departments, agencies, etc.), including licensing.

For general information about the HHS OCR's role on enforcing Title II, contact:

Office for Civil Rights
US Department of Health & Human Services

200 Independence Avenue, S.W.
Room 509F, HHH Building
Washington, D.C. 20201
(800) 368-1019 (voice)
(800) 537-7697 (TDD)
OCRMail@hhs.gov

Region VI - AR, LA, NM, OK, TX
Office for Civil Rights
U.S. Department of Health & Human Services
1301 Young Street - Suite 1169
Dallas, TX 75202
(214) 767-4056; (214) 767-8940 (TDD)
(214) 767-0432 FAX