How does title II affect participation in a State or local government's programs, activities, and services?

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 persons 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 are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, 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 is not required to make that modification.


For additional information, take a look at the following resources:

FAQ: Does the ADA apply to State and local governments?

FAQ: When do the requirements for State and local governments become effective?

FAQ: How are the ADA’s requirements for State and local governments enforced?