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ADA Public Services - Title II - FAQ |
Q: How does Title II affect participation in a State or local government's programs, activities and services?
- A: A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out those with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program or activity.
The state or local government may, however, adopt legitimate safety requirements necessary for safe operation if they're based on real risks, not on stereotypes or generalizations about individuals with disabilities.
A public entity must reasonably modify its policies, practices or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it's not required to make that modification.
Q: How will the ADA's requirements for State and local governments be enforced?
Q: What changes must a public entity make to its existing facilities to make them accessible?
- A: A public entity must ensure that individuals with disabilities aren't excluded from services, programs and activities because existing buildings are inaccessible.
A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on or after January 26, 1992.
Public entities don't necessarily have to make each of their existing facilities accessible. They may provide program accessibility a number of ways, including:
- Altering existing facilities
- Acquiring or constructing additional facilities
- Relocating services or programs to an accessible facility
- Providing services at alternate accessible sites
Q: What does Title II require for new construction and alterations?
- A: The ADA requires that all new buildings constructed by a state or local government be accessible. And when a state or local government undertakes alterations to a building, it must make the altered portions accessible.
Q: What requirements apply to a public entity's emergency telephone services, such as 911?
- A: State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or through a relay service doesn't satisfy the requirement for direct access.
Where a public entity provides 911 telephone service, it may not substitute a separate seven-digit telephone line as the sole means for access to 911 services by nonvoice users. A public entity may, however, provide a separate seven-digit line for the exclusive use of nonvoice callers, in addition to providing direct access for such calls to its 911 line.
Q: When must structural changes be made for accessibility?
- A: Structural changes needed for program accessibility must have been made no later than January 26, 1995.
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