1	Local and governmental services Americans with Disabilities Act Title II
2	What entities are covered? Public entities include any State or local government and any of its departments, agencies or other instrumentalities All activities, services, and programs of public entities Unlike Section 504 covers all activities regardless of whether receive FFA
3	Examples of covered programs State legislatures State courts Town meetings Police and fire department Motor vehicle licensing Libraries and parks
4	Overview of Requirements May not refuse to allow a person with a disability to participate in a service, program or activity. Must provide services in integrated setting, unless separate or different is necessary to ensure equal opportunity. Must eliminate eligibility criteria that screens out or tends to screen out disabled.
5	Other requirements Required to make reasonable modifications in policies, practices and procedures that deny equal access, unless a fundamental alteration would occur. Must provide auxiliary aids and services when necessary for effective communication.
6	Examples of Auxiliary Aids and Services qualified interpreters assistive listening headsets captioning TDD/TTY readers taped texts Brailed materials
7	Additional requirements Must not place special charges on individuals with disabilities. May provide special benefits beyond those required by regulation to individuals with disabilities. Shall operate programs when viewed in entirety to be readily accessible and usable by people with disabilities.
8	Who is eligible for ADA Title II protections? Qualified individual with a disability Definition of disability is the same for other titles of ADA Qualified is one who meets the essential eligibility requirements for the program or activity offered by a public entity.
9	Essential Eligibility Requirements The essential eligibility requirements will depend on the type of service or activity involved. e.g. Food Stamps e.g. Informational session for state vocational rehabilitation services
10	Program Access Must ensure that individuals with disabilities are not excluded from services, programs, and activities because of inaccessibility.
11	Existing buildings Existing building are buildings who construction began before January 27, 1992. Need to remove barriers that are readily achievable. Need to provide program access where barrier removal is not readily achievable.
12	Examples of Alternative Methods Relocating a service to an accessible facility or floor. Providing an aide or personal assistant to enable a person to obtain the service. Provide a service at home.
13	Carrying an individual to provide access May not carry an individual with a disability as a method of providing program access, except in “manifestly exceptional” circumstances.
14	Limits of duty to provide access Public entities not require to take any action that would result in a fundamental alteration in the nature of the service, program or an activity or in undue financial or administrative burdens. Must take any other necessary action.
15	Integrated Programs May not provide separate services unless necessary for effective services. Even if separate is permitted, individual with a disability has right to chose to participate in regular program. May not require an individual with a disability to accept a special accommodation or benefit if they chose not to.
16	Enforcement ADA grievance procedures must be adopted and published by State and local governmental. Prompt and equitable resolution of complaints. Self-evaluations required to be done and on file for public use.
17	Administrative Procedures Individuals may file complaints with U.S. Department of Justice Complaints may also be filed with federal agencies providing FFA Permissive not mandatory U.S. Department of Justice provides: Technical assistance Investigation Mediation Settlement Litigation
18	Enforcement Individuals may bring lawsuits to enforce their rights under Title II of the ADA. Same remedies as under Section 504. Remedies include: injunctive relief monetary damages reasonable attorneys fees to the prevailing Plaintiff Ninth Cir. requires discrimination to be intentional for $ relief.
19	Accessing Center Services One may contact the Center for assistance during Short Term Assistance Team’s (STAT) hours of operation: Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602) 274-6298 or toll free (800) 927-2260. Our receptionist takes brief information on the issue, which is provided to STAT’s Information & Referral Supervisor for review. Due to the volume of requests we receive, we are unable to respond immediately to each request, however, the call will be returned at our earliest opportunity.