Americans with Disabilities Act of 1990, Title II - Public Services

Plain English Summary

Title II of the Americans with Disabilities Act ensures that people with disabilities have equal access to all services, programs, and activities provided by state and local governments. This covers an enormous range of public functions: everything from public schools and universities to courts and law enforcement, public transit, parks and recreation, voting and elections, social services, and government websites.

Unlike Title III, which applies to private businesses, Title II applies specifically to government entities. Any state or local government -- regardless of size -- must comply. There is no minimum employee threshold. If it is a public entity, Title II applies.

In April 2024, the Department of Justice finalized a groundbreaking rule requiring state and local governments to make their websites and mobile applications conform to WCAG 2.1 Level AA. This rule established specific technical standards and compliance deadlines, marking the first time the federal government mandated a particular web accessibility standard under the ADA.

Who This Applies To

Covered Entities:

• State governments and all their departments and agencies
• Local governments (counties, cities, towns, villages, districts)
• Public school districts and public universities
• Public transportation authorities
• Public hospitals and health clinics
• Courts and the judicial system
• Law enforcement agencies
• Public libraries, parks, and recreation facilities
• Any instrumentality of a state or local government

Protected Individuals:

• Any qualified individual with a disability
• Individuals with a record of disability
• Individuals regarded as having a disability
• People associated with individuals with disabilities (in certain contexts)

Key Requirements

General Nondiscrimination

State and local governments must not:

• Deny qualified individuals with disabilities the opportunity to participate in services, programs, or activities
• Provide services that are not equal to those offered to others
• Use methods of administration that discriminate or defeat the objectives of the program
• Apply eligibility criteria that screen out people with disabilities unless the criteria are necessary for the program

Program Accessibility

Government programs must be accessible to people with disabilities when viewed in their entirety. This does not necessarily mean every single building must be fully accessible, but the program offered in that building must be available to people with disabilities through some means.

Effective Communication

Government entities must ensure effective communication with people who have vision, hearing, or speech disabilities. This includes providing:

• Qualified sign language interpreters
• Captioning for video content
• Documents in accessible formats (large print, Braille, electronic text)
• Assistive listening devices at public meetings

Web and Mobile Accessibility (2024 Rule)

The April 2024 final rule requires state and local governments to make their web content and mobile applications conform to WCAG 2.1 Level AA. This includes:

• All web pages on the entity's website
• Web content that the entity provides or makes available through a third party
• Mobile applications
• Content posted to social media when it serves as an official communication channel

Limited exceptions exist for:

• Archived web content (content not updated after the compliance date and maintained exclusively for reference)
• Content posted by third parties where the entity does not control the content
• Preexisting conventional electronic documents (PDFs, Word docs) unless they address services currently being provided
• Password-protected class or course content at educational institutions (with conditions)

Reasonable Modifications

Government entities must make reasonable modifications to their policies, practices, and procedures when necessary to avoid discrimination, unless the modification would fundamentally alter the nature of the service.

Self-Evaluation and Transition Plans

Entities with 50 or more employees must:

• Conduct a self-evaluation of their services, policies, and practices
• Develop a transition plan for structural changes needed for accessibility
• Make the transition plan available for public inspection

Enforcement and Penalties

Title II is primarily enforced by the Department of Justice (DOJ), though several federal agencies share enforcement responsibility for specific program areas.

Enforcement Mechanisms:

• DOJ investigations: The DOJ can investigate complaints and initiate compliance reviews
• Private lawsuits: Individuals can sue state and local governments directly in federal court
• Federal funding leverage: Entities that receive federal financial assistance risk losing that funding for noncompliance
• Complaints to federal agencies: Complaints can be filed with the appropriate federal agency for the program area

Available Remedies:

• Injunctive relief (court orders requiring compliance)
• Compensatory damages (no caps under Title II)
• Reasonable attorneys' fees and litigation costs
• Modifications to policies and practices
• There are no punitive damages available against government entities under Title II

Important: Unlike Title III, there is no requirement to file with a federal agency before bringing a private lawsuit under Title II. Individuals can go directly to court.

Practical Implications

For Government Entities

• Conduct a web accessibility audit immediately. With the 2024 rule establishing firm deadlines, government entities should assess their current web and mobile app accessibility against WCAG 2.1 Level AA.
• Budget for remediation. Achieving WCAG 2.1 AA compliance may require significant investment in website redesign, content remediation, and ongoing maintenance.
• Address third-party content. Many government websites use third-party platforms for payments, forms, and scheduling. Ensure vendor contracts include accessibility requirements.
• Train staff. Content creators, web developers, social media managers, and procurement staff all need to understand accessibility obligations.
• Develop an accessibility policy. Publish a clear accessibility statement and establish a process for receiving and responding to accessibility complaints.

For People with Disabilities

• You have the right to access all government services equally, whether in person or online.
• You can file a complaint with the DOJ or the relevant federal agency at no cost.
• You can sue directly in federal court without first filing with a federal agency.
• Request accommodations proactively. If you need a sign language interpreter at a public meeting or documents in an alternative format, request them in advance.

For Web Developers and IT Departments

• WCAG 2.1 Level AA is now the legal standard for government websites under Title II.
• Automated testing alone is insufficient. WCAG compliance requires both automated and manual testing, including testing with assistive technologies.
• Ongoing compliance is required. This is not a one-time fix. New content must meet the standard as it is published.
• Mobile apps are included. Native mobile applications must also conform to WCAG 2.1 AA.

Key Dates and Deadlines

| Date | Event | |------|-------| | July 26, 1990 | ADA signed into law | | January 26, 1992 | Title II takes effect | | April 24, 2024 | DOJ publishes final rule on web and mobile accessibility | | April 24, 2026 | Compliance deadline for entities serving populations of 50,000+ | | April 26, 2027 | Compliance deadline for entities serving populations under 50,000 |

These web accessibility deadlines are firm. The DOJ has indicated it will begin enforcement actions after the applicable compliance dates. Government entities should treat these deadlines as hard requirements and prioritize compliance efforts accordingly.

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This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.