ADA Title II (Public Entities)

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Page last updated: 05/26/04

Title II of the ADA,located in the United States Code at 42 U.S.C. §§§§ 12131-34, prohibits discrimination by state and local government agencies. Title II covers all public agencies, whether or not they receive federal financial assistance.

Title II employs broad language in outlawing discrimination, stating that:

no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity.42 U.S.C. § 12132

When Congress passed the ADA Discrimination provision it ordered the Attorney General of the U.S. Department of Justice to promulgated regulations interpreting the provision. The Attorney General issued the following regulation commonly known as the ADA Title II 'integration mandate':

A public entity shall administer services, program, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 28 CFR § 35.130(d).

The ADA Title II integration mandate is virtually identical to the integration mandate contained in the Rehabilitation Act Section 504 "coordination regulations" found at 28 C.F.R. § 41.51(d). More information about Section 504 of the Rehabilitation Act is below.