Both public and private colleges and universities must provide equal access to postsecondary education for students with disabilities. Title II of the ADA covers publicly-funded universities, community colleges and vocational schools. Title III of the ADA covers privately-funded schools.  All public or private schools that receive federal funding are required under Section 504 of the Rehabilitation Act to make their programs accessible to students with disabilities.

All the programs of postsecondary institutions, including extracurricular activities, must be accessible to students with disabilities. The schools can do this in several ways: by providing architectural access to buildings, including residential facilities; by providing aids and services necessary for effective communication, like sign language interpreters, Braille or electronic formats and assistive listening devices; and by modifying policies, practices and procedures, such as testing accommodations and access to school facilities for service animals.  Accommodations and program modifications should be individually designed to meet the needs of the student with a disability.

Accommodations and modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity or give rise to an undue financial or administrative burden.

Postsecondary institutions often have an office that coordinates accommodations for students with disabilities.  The student should notify the appropriate institutional office well in advance of the needed modification or accommodation.  Technical guidance is available through the ADA National Network at 1-800-949-4232. For more information please visit:

• Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities: http://www2.ed.gov/about/offices/list/ocr/transition.html
• Auxiliary Aids and Services for Postsecondary Students with Disabilities: http://www2.ed.gov/about/offices/list/ocr/docs/auxaids.html

The revised ADA Title II regulations do not require state or local government entities to do a new or updated self-evaluation or transition plan.  However, the Department of Justice urges state or local governments to establish procedures for an ongoing assessment of their compliance with the ADA's obligation to ensure all programs are readily accessible to and usable by people with disabilities ( http://www.ada.gov/pcatoolkit/toolkitmain.htm ).  Regularly updating the self-evaluations and transition plans can help government entities monitor their compliance and stay on track with making changes to improve accessibility.

If a state and local government entity has not yet conducted a self-evaluation, it is recommended that they do so to identify any barriers to its programs, activities and services. A self-evaluation helps government entities identify areas of non-compliance and develop specific strategies to bring all policies and practices into compliance. Areas include but are not limited to:

• structural changes needed to provide access to programs, activities and services;
• policy modifications to ensure nondiscrimination; and
• providing public notice that includes (i) explanation of the application of the ADA to the state and local governments programs, activities, and services; (ii) contact information for the employee who is designated to address ADA compliance issues; and (iii) information on the grievance procedure.

The self-evaluation plan should identify strategies to remove barriers, prioritize strategies, and provide a timeline for implementation. As new programs, activities and services are developed, it is important to review facilities to ensure compliance with the 2010 ADA Standards. 

If you feel that you or another person has been discriminated against by an entity covered by either Title II or III of the ADA, you may file a complaint with the U.S. Department of Justice, Disability Rights Section. Title II covers state and local government entities and Title III public accommodations and commercial facilities.  Public accommodations are businesses that provide goods or services for the public. 

Complaints concerning discrimination in employment, often referred to as Title I complaints, should be addressed by the U.S. Equal Employment Opportunity Commission (EEOC) and/or the agency responsible for enforcing state laws against employment discrimination.  The EEOC process for filing a charge of employment discrimination may be found at: http://www.eeoc.gov/employees/howtofile.cfm.

Title II and III complaints may be sent by e-mail. Since letters and packages sent to the Disability Rights Section by U.S. Mail or other delivery service are delayed for security screening, using e-mail is the quickest way of filing a complaint. E-mail complaints also receive an immediate reply confirming that they have been received. Remember that there can be no guarantee of privacy when you send an e-mail.

The most important part of filing a Title II and III complaint is ensuring that you provide the Department of Justice with the following information:

• Your full name, address, email, the telephone numbers where we can reach you during the day and evening, and the name of the party discriminated against (if known);
• The name and address of the business, organization, institution, or person that you believe has discriminated;
• A brief description of the acts of discrimination, the dates they occurred, and the names of individuals involved;
• Other information that you believe necessary to support your complaint, including copies of relevant documents (not originals); and
• Provide the Department of Justice with the information needed to ensure that they communicate with you effectively. Please let the Department know if you need to receive written communications in a specific format, such as large print, Braille, e-mail, or audio recording, or if you need to receive oral communications by video phone or TTY.

To ensure that all necessary information is provided, you may use this ADA Title II complaint form (http://www.ada.gov/t2cmpfrm.htm), which can be used for any Title II or III ADA complaint.  Additional advice and instructions for filing a Title III complaint can be found at: http://www.ada.gov/t3compfm.htm.

Include all of the information listed above, either in the body of the email or in an attachment to your e-mail. Please attach any relevant documents to your e-mail.

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.

You will receive an automatic reply e-mail confirming that your complaint has been received. Please keep a copy of your complaint and the reply e-mail for your records. If you do not receive a reply email, you may have sent your complaint to the wrong e-mail address.

The Department of Justice, Disability Rights Section accepts complaints sent by regular mail but receiving the complaints may be delayed by 4 - 6 weeks because of necessary security screening precautions. To file a complaint using U.S. Postal Service or by any other parcel delivery service, send your completed complaint form (http://www.ada.gov/t2cmpfrm.htm) or a signed letter containing the information and documents described above to the following address:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Keep a copy of your complaint. Send copies (not originals) of relevant documents. The security screening process can damage documents sent to the Department of Justice, so please keep original documents for your own records.

Source: Frequently Asked Questions about Filing an ADA Complaint with the U.S. Department of Justice - http://www.ada.gov/fact_on_complaint.htm

Instead of providing a list of impairments that would “consistently,” “sometimes,” or “usually not” be disabilities, the regulations implementing the ADA Amendments Act of 2008 provide the ‘nine rules of construction’ to help determine what impairments constitute a disability. By applying those rules, the regulations state there will be some impairments that virtually always constitute a disability. The regulations also provide a list of examples of impairments that should easily be concluded to be disabilities.  Included in this list of examples are deafness, intellectual disability, autism, epilepsy, diabetes, cancer, HIV infection, multiple sclerosis, muscular dystrophy, cerebral palsy, mobility impairments requiring the use of a wheelchair, post-traumatic stress disorder, major depressive disorder, schizophrenia and bipolar disorder.

Sources: EEOC Final Rule Implementing the ADA Amendments Act of 2008 and Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA.   Links to these documents can be found at: http://www.eeoc.gov/laws/regulations/index.cfm.

Effective March 15, 2012, the applicable standards for new construction and alterations for either a public entity under Title II or a place of public accommodation under Title III are the 2010 ADA Standards for Accessible Design.   The 2010 ADA Standards can be found at: http://www.ada.gov/2010ADAstandards_index.htm. 

The 2010 ADA Standards for Accessible Design can be found at: http://www.ada.gov/2010ADAstandards_index.htm. 

The Department of Justice’s ADA web site, www.ada.gov, contains a number of useful documents on accessibility for businesses and state and local governments. For example, for businesses see “ADA Update: A Primer for Small Business” and the section on “Making the Built Environment More Accessible” at: http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm.   

The U.S. Access Board also produces a number of documents on a wide range of accessibility-related topics which can be found at: www.access-board.gov.  For example, check “Guide to Updated ADA Standards” at: http://www.access-board.gov/ada/guide.htm.