



                  TITLE II OF THE AMERICANS WITH DISABILITIES ACT:

                            TECHNICAL ASSISTANCE MANUAL 


     The Americans with Disabilities Act has set our sights on removing the barriers
that deny individuals with disabilities an equal opportunity to share in and
contribute to the vitality of American life.  The ADA means access to jobs, public
accommodations, government services, public transportation, and telecommunications --
in other words, full participation in, and access to, all aspects of society.
     Through the provision of technical assistance, such as this manual, we hope to
achieve our goal of making the ADA's promise of equal opportunity for individuals
with disabilities a reality while holding costly litigation to a minimum.  We
anticipate that many of the barriers facing individuals with disabilities will
disappear through the sincere, informed efforts of Americans to voluntarily comply
with the ADA.
     We in the Civil Rights Division wholeheartedly share the goals of the ADA and
have committed ourselves to implementing and enforcing this landmark civil rights
legislation in the fairest, most effective manner possible.





                                   John R. Dunne
                            Assistant Attorney General
                              Civil Rights Division

INTRODUCTION

     This technical assistance manual addresses the requirements of title II of the
Americans with Disabilities Act, which applies to the operations of State and local
governments.  It is one of a series of manuals to be issued by Federal agencies under
section 506 of the ADA to assist individuals and entities in understanding their
rights and duties under the Act.  

     This manual is part of a broader program of technical assistance conducted by
the Department of Justice to promote voluntary compliance with the requirements not
only of title II, but also of title III of the ADA, which applies to public
accommodations, commercial facilities, and private entities offering certain
examinations and courses.

     The purpose of this technical assistance manual is to present the ADA's
requirements for State and local governments in a format that will be useful to the
widest possible audience.  The guidance provided in the Department's regulations and
accompanying preambles has been carefully reorganized to provide a focused,
systematic description of the ADA's requirements.  The manual attempts to avoid an
overly legalistic style without sacrificing completeness.  In order to promote
readability and understanding, the text makes liberal use of questions and answers
and illustrations. 

     The manual is divided into nine major subject matter headings with numerous
numbered subheadings.  Each numbered heading and subheading is listed in a quick
reference table of contents at the beginning of the manual.  The numbering system is
designed to facilitate planned periodic updates of the manual.


                                  TABLE OF CONTENTS


                                                                                 PAGE

II-1.0000   COVERAGE ......................................                         1

     II-1.1000    General .....................................                     1

     II-1.2000    Public entity ...............................                     1

     II-1.3000    Relationship to title III ...................                     2

     II-1.4000    Relationship to other laws ..................                     3

          II-1.4100   Rehabilitation Act ........................                   3
          II-1.4200   Other Federal and State laws ..............                   3


II-2.0000   QUALIFIED INDIVIDUALS WITH DISABILITIES .......                         4

     II-2.1000    General .....................................                     4

     II-2.2000    Physical or mental impairments ..............                     4

     II-2.3000    Drug addiction as an impairment .............                     5

     II-2.4000    Substantial limitation of a major life
                    activity ....................................                   6

     II-2.5000    Record of a physical or mental impairment
                    that substantially limited a major life
                    activity ....................................                   7

     II-2.6000    "Regarded as" ...............................                     8

     II-2.7000    Exclusions ..................................                     9

     II-2.8000    Qualified individual with a disability ......                     9


II-3.0000   GENERAL REQUIREMENTS ..........................                        11

     II-3.1000    General .....................................                    11

     II-3.2000    Denial of participation .....................                    11

     II-3.3000    Equality in participation/benefits ..........                    11

    II-3.4000    Separate benefit/integrated setting .........                    12

          II-3.4100   Separate programs .........................                  12
          II-3.4200   Relationship to "program accessibility"
                      requirement ...............................                  13
          II-3.4300   Right to participate in the regular
                      program ...................................                  13
          II-3.4400   Modifications in the regular program ......                  14

     II-3.5000    Eligibility criteria ........................                    14

          II-3.5100   General ...................................                  14
          II-3.5200   Safety ....................................                  15
          II-3.5300   Unnecessary inquiries .....................                  15
          II-3.5400   Surcharges ................................                  15

     II-3.6000    Reasonable modifications ....................                    16

          II-3.6100   General ...................................                  16
          II-3.6200   Personal services and devices .............                  16

     II-3.7000    Contracting and licensing ...................                    17

          II-3.7100   Contracting ...............................                  17
          II-3.7200   Licensing .................................                  17

     II-3.8000    Illegal use of drugs ........................                    18

     II-3.9000    Discrimination on the basis of association ..                    19

     II-3.10000 Maintenance of accessible features ..........                      19

     II-3.11000 Retaliation or coercion .....................                      20

     II-3.12000 Smoking .....................................                      21


II-4.0000   EMPLOYMENT ....................................                        22

     II-4.1000    General .....................................                    22

     II-4.2000    Relationship among title II and other 
                    Federal laws that prohibit employment
                    discrimination on the basis of
                    disability ..................................                  22

     II-4.3000    Basic employment requirements ...............                    22

          II-4.3100   Nondiscriminatory practices and policies ..                  23
          II-4.3200   Reasonable accommodation ..................                  23
          II-4.3300   Nondiscrimination in selection criteria
                      and the administration of tests ...........                  23
          II-4.3400   Preemployment medical examinations and
                      medical inquiries .........................                  24


II-5.0000   PROGRAM ACCESSIBILITY .........................                        25

     II-5.1000    General .....................................                    25

     II-5.2000    Methods for providing program
                    accessibility ...............................                  26

     II-5.3000    Curb ramps ..................................                    28

     II-5.4000    Existing parking lots or garages ............                    28

     II-5.5000    Historic preservation programs ..............                    28

     II-5.6000    Time periods for achieving program
                    accessibility ...............................                  29


II-6.0000   NEW CONSTRUCTION AND ALTERATIONS ..............                        30

     II-6.1000    General .....................................                    30

     II-6.2000    Choice of design standard:
                    UFAS or ADAAG ...............................                  30

          II-6.2100   General ...................................                  30

     II-6.3000    Major differences between ADAAG and
                    UFAS ........................................                  30

          II-6.3100   General principles ........................                  31

                      1)  Work areas ............................                  31
                      2)  Equivalent facilitation ...............                  31
                      3)  Exemption from application of
                          standards in new construction .........                  31
                      4)  Exemption from application of
                          standards in alterations ..............                  31
                      5)  Alterations triggering additional
                          requirements ..........................                  32
                      6)  Additions .............................                  33

          II-6.3200   Elements ..................................                  33

                      1)  Van parking ...........................                  33
                      2)  Valet parking .........................                  33
                      3)  Signs .................................                  34
                      4)  Entrances .............................                  34
                     5)  Areas of rescue assistance or places
                          of refuge .............................                  35
                      6)  Water fountains .......................                  35
                      7)  Storage and shelves ...................                  36
                      8)  Volume controls .......................                  36
                      9)  Telecommunication Devices for the
                          Deaf ..................................                  36
                     10)  Assembly areas ........................                  37
                     11)  Automated teller machines .............                  37
                     12)  Bathrooms .............................                  38
                     13)  Detectable warnings ...................                  38
                     14)  Carpet and carpet tile ................                  38
                     15)  Curb ramps ............................                  38
                     16)  Elevator hoistway floor designations
                          and car controls ......................                  39
                     17)  Visual alarms .........................                  39
                     18)  Elevators and platform lifts in new
                          construction and alterations ..........                  39

          II-6.3300   Types of facilities .......................                  40

                      1)  Historic buildings ....................                  40
                      2)  Residential facilities/transient
                          lodging ...............................                  40
                      3)  Restaurants ...........................                  41
                      4)  Medical or health care facilities .....                  41
                      5)  Mercantile ............................                  42
                      6)  Jails and prisons .....................                  42

     II-6.4000    Leased buildings ............................                    42

     II-6.5000    Alterations to historic properties ..........                    43

     II-6.6000    Curb ramps ..................................                    44


II-7.0000   COMMUNICATIONS ................................                        45

     II-7.1000    Equally effective communication .............                    45

          II-7.1100   Primary consideration .....................                  47
          II-7.1200   Qualified interpreter .....................                  48

     II-7.2000    Telephone communications ....................                    49

     II-7.3000    Emergency telephone services ................                    49

          II-7.3100   General ...................................                  49
          II-7.3200   911 lines .................................                  50
          II-7.3300   Seven-digit lines .........................                  50
          II-7.3400   Voice amplification .......................                  50


II-8.0000  ADMINISTRATIVE REQUIREMENTS ....................                        51

     II-8.1000    General .....................................                    51

     II-8.2000    Self-evaluation .............................                    51

     II-8.3000    Transition plan .............................                    55

     II-8.4000    Notice to the public ........................                    56

     II-8.5000    Designation of responsible employee
                    and development of grievance
                    procedures ...................................                 56


II-9.0000   INVESTIGATION OF COMPLAINTS AND
                  ENFORCEMENT ...................................                  57

     II-9.1000    General .....................................                    57

     II-9.2000    Complaints ..................................                    57

II-1.0000  COVERAGE

Regulatory references:  28 CFR 35.102-35.104.

II-1.1000  General.  Title II of the ADA covers programs, activities, and services of
public entities.  It is divided into two subtitles.  This manual focuses on subtitle
A of title II, which is implemented by the Department of Justice's title II
regulation.  Subtitle B, covering public transportation, and the Department of
Transportation's regulation implementing that subtitle, are not addressed in this
manual. 

     Subtitle A is intended to protect qualified individuals with disabilities from
discrimination on the basis of disability in the services, programs, or activities of
all State and local governments.  It additionally extends the prohibition of
discrimination on the basis of disability established by section 504 of the
Rehabilitation Act of 1973, as amended, to all activities of State and local
governments, including those that do not receive Federal financial assistance.  By
law, the Department of Justice's title II regulation adopts the general prohibitions
of discrimination established under section 504, and incorporates specific
prohibitions of discrimination from the ADA. 

     Subtitle B is intended to clarify the requirements of section 504 for public
transportation entities that receive Federal financial assistance.  Also it extends
coverage to all public entities that provide public transportation, whether or not
they receive Federal financial assistance.  It establishes detailed and complex
standards for the operation of public transit systems, including commuter and
intercity rail (AMTRAK).  The Department of Transportation is responsible for the
implementation of the second subtitle of Title II and issued a regulation
implementing that subtitle.

II-1.2000  Public entity.  A public entity covered by title II is defined as --

     1)   Any State or local government;

     2)   Any department, agency, special purpose district, or other instrumentality
of a State or local government; or

     3)   Certain commuter authorities as well as AMTRAK.

     As defined, the term "public entity" does not include the 
Federal Government.  Title II, therefore, does not apply to the Federal Government,
which is covered by sections 501 and 504 of the Rehabilitation Act of 1973.

     Title II is intended to apply to all programs, activities, and services provided
or operated by State and local governments.  Currently, section 504 of the
Rehabilitation Act only applies to programs or activities receiving Federal financial
assistance. Because many State and local government operations, such as courts,
licensing, and legislative facilities and proceedings do not receive Federal funds,
they are beyond the reach of section 504.

II-1.3000  Relationship to title III.  Public entities are not subject to title III
of the ADA, which covers only private entities.  Conversely, private entities are not
subject to title II.  In many situations, however, public entities have a close
relationship to private entities that are covered by title III, with the result that
certain activities may be at least indirectly affected by both titles.

          ILLUSTRATION 1:  A privately owned restaurant in a State park operates for
          the convenience of park users under a concession agreement with a State
          department of parks.  As a public accommodation, the restaurant is subject
          to title III and must meet those obligations.  The State department of
          parks, a public entity, is subject to title II.  The parks department is
          obligated to ensure by contract that the restaurant is operated in a manner
          that enables the parks department to meet its title II obligations, even
          though the restaurant is not directly subject to title II.

          ILLUSTRATION 2:  A city owns a downtown office building occupied by its
          department of human resources.  The building's first floor, however, is
          leased to a restaurant, a newsstand, and a travel agency.  The city, as a
          public entity and landlord of the office building, is subject to title II. 
          As a public entity, it is not subject to title III, even though its tenants
          are public accommodations that are covered by title III.

          ILLUSTRATION 3:  A city engages in a joint venture with a private
          corporation to build a new professional sports stadium.  Where public and
          private entities act jointly, the public entity must ensure that the
          relevant requirements of title II are met; and the private entity must
          ensure compliance with title III.  Consequently, the new stadium would have
          to be built in compliance with the accessibility guidelines of both titles
          II and III.  In cases where the standards differ, the stadium would have to
          meet the standard that provides the highest degree of access to individuals
          with disabilities.

II-1.4000 Relationship to other laws

II-1.4100  Rehabilitation Act.  Title II provides protections to individuals with
disabilities that are at least equal to those provided by the nondiscrimination
provisions of title V of the Rehabilitation Act.  Title V includes such provisions as
section 501, which prohibits discrimination on the basis of disability in Federal
employment; section 503, which addresses the employment practices of Federal
contractors; and section 504, which covers all programs receiving Federal financial
assistance and all the operations of Federal Executive agencies.  Title II may not be
interpreted to provide a lesser degree of protection to individuals with disabilities
than is provided under these laws.

II-1.4200  Other Federal and State laws.  Title II does not disturb other Federal
laws or any State laws that provide protection for individuals with disabilities at a
level greater or equal to that provided by the ADA.  It does, however, prevail over
any conflicting State laws.II-2.0000  QUALIFIED INDIVIDUALS WITH DISABILITIES

Regulatory references:  28 CFR 35.104.

II-2.1000  General.  Title II of the ADA prohibits discrimination against any
"qualified individual with a disability."  Whether a particular individual is
protected by title II requires a careful analysis first, of whether an individual is
an "individual with a disability," and then whether that individual is "qualified."

     People commonly refer to disabilities or disabling conditions in a broad sense. 
For example, poverty or lack of education may impose real limitations on an
individual's opportunities.  Likewise, being only five feet in height may prove to be
an insurmountable barrier to an individual whose ambition is to play professional
basketball.  Although one might loosely characterize these conditions as
"disabilities" in relation to the aspirations of the particular individual, the
disabilities reached by title II are limited to those that meet the ADA's legal
definition -- those that place substantial limitations on an individual's major life
activities. 

     Title II protects three categories of individuals with disabilities:

     1)   Individuals who have a physical or mental impairment that substantially
limits one or more major life activities;

     2)   Individuals who have a record of a physical or mental impairment that
substantially limited one or more of the individual's major life activities; and

     3)   Individuals who are regarded as having such an impairment, whether they
have the impairment or not.  

II-2.2000  Physical or mental impairments.  The first category of persons covered by
the definition of an individual with a disability is restricted to those with
"physical or mental impairments."  Physical impairments include -- 

     1)   Physiological disorders or conditions;

     2)   Cosmetic disfigurement; or

     3)   Anatomical loss

affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs (which would include speech organs that are not respiratory such
as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine.

     Specific examples of physical impairments include orthopedic, visual, speech,
and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, HIV disease (symptomatic or
asymptomatic), tuberculosis, drug addiction, and alcoholism.  

     Mental impairments include mental or psychological disorders, such as mental
retardation, organic brain syndrome, emotional or mental illness, and specific
learning disabilities.  
     Simple physical characteristics such as the color of one's eyes, hair, or skin;
baldness; left-handedness; or age do not constitute physical impairments.  Similarly,
disadvantages attributable to environmental, cultural, or economic factors are not
the type of impairments covered by title II.  Moreover, the definition does not
include common personality traits such as poor judgment or a quick temper, where
these are not symptoms of a mental or psychological disorder.  

     Does title II prohibit discrimination against individuals based on their sexual
orientation?  No.  The phrase "physical or mental impairment" does not include
homosexuality or bisexuality.

II-2.3000  Drug addiction as an impairment.  Drug addiction is an impairment under
the ADA.  A public entity, however, may base a decision to withhold services or
benefits in most cases on the fact that an addict is engaged in the current and
illegal use of drugs.

     What is "illegal use of drugs"?  Illegal use of drugs means the use of one or
more drugs, the possession or distribution of which is unlawful under the Controlled
Substances Act.  It does not include use of controlled substances pursuant to a valid
prescription, or other uses that are authorized by the Controlled Substances Act or
other Federal law.  Alcohol is not a "controlled substance," but alcoholism is a
disability.

     What is "current use"?  "Current use" is the illegal use of controlled
substances that occurred recently enough to justify a reasonable belief that a
person's drug use is current or that continuing use is a real and ongoing problem.  
A public entity should review carefully all the facts surrounding its belief that an
individual is currently taking illegal drugs to ensure that its belief is a
reasonable one.

     Does title II protect drug addicts who no longer take controlled substances? 
Yes.  Title II prohibits discrimination against drug addicts based solely on the fact
that they previously illegally used controlled substances.  Protected individuals
include persons who have successfully completed a supervised drug rehabilitation
program or have otherwise been rehabilitated successfully and who are not engaging in
current illegal use of drugs.   Additionally, discrimination is prohibited against an
individual who is currently participating in a supervised rehabilitation program and
is not engaging in current illegal use of drugs.  Finally, a person who is
erroneously regarded as engaging in current illegal use of drugs is protected.  

     Is drug testing permitted under the ADA?  Yes.  Public entities may utilize
reasonable policies or procedures, including but not limited to drug testing,
designed to ensure that an individual who formerly engaged in the illegal use of
drugs is not now engaging in current illegal use of drugs.

II-2.4000  Substantial limitation of a major life activity.  To constitute a
"disability," a condition must substantially limit a major life activity.  Major life
activities include such activities as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.

     When does an impairment "substantially limit" a major life activity?  There is
no absolute standard for determining when an impairment is a substantial limitation. 
Some impairments obviously or by their nature substantially limit the ability of an
individual to engage in a major life activity.

          ILLUSTRATION 1:  A person who is deaf is substantially limited in the major
          life activity of hearing.  A person with a minor hearing impairment, on the
          other hand, may not be substantially limited.

          ILLUSTRATION 2:  A person with traumatic brain injury may be substantially
          limited in the major life activities of caring for one's self, learning,
          and working because of memory deficit, confusion, contextual difficulties,
          and inability to reason appropriately.

     An impairment substantially interferes with the accomplishment of a major life
activity when the individual's important life activities are restricted as to the
conditions, manner, or duration under which they can be performed in comparison to
most people.

          ILLUSTRATION 1:  A person with a minor vision impairment, such as 20/40
          vision, does not have a substantial impairment of the major life activity
          of seeing.

          ILLUSTRATION 2:  A person who can walk for 10 miles continuously is not
          substantially limited in walking merely because, on the eleventh mile, he
          or she begins to experience pain, because most people would not be able to
          walk eleven miles without experiencing some discomfort.  

     Are "temporary" mental or physical impairments covered by title II?  Yes, if the
impairment substantially limits a major life activity.  The issue of whether a
temporary impairment is significant enough to be a disability must be resolved on a
case-by-case basis, taking into consideration both the duration (or expected
duration) of the impairment and the extent to which it actually limits a major life
activity of the affected individual.  

          ILLUSTRATION:  During a house fire, M received burns affecting his hands
          and arms.  While it is expected that, with treatment, M will eventually
          recover full use of his hands, in the meantime he requires assistance in
          performing basic tasks required to care for himself such as eating and
          dressing.  Because M's burns are expected to substantially limit a major
          life activity (caring for one's self) for a significant period of time, M
          would be considered to have a disability covered by title II.

     If a person's impairment is greatly lessened or eliminated through the use of
aids or devices, would the person still be considered an individual with a
disability?  Whether a person has a disability is assessed without regard to the
availability of mitigating measures, such as reasonable modifications, auxiliary aids
and services, services and devices of a personal nature, or medication.  For example,
a person with severe hearing loss is substantially limited in the major life activity
of hearing, even though the loss may be improved through the use of a hearing aid. 
Likewise, persons with impairments, such as epilepsy or diabetes, that, if untreated,
would substantially limit a major life activity, are still individuals with
disabilities under the ADA, even if the debilitating consequences of the impairment
are controlled by medication.

II-2.5000  Record of a physical or mental impairment that substantially limited a
major life activity.  The ADA protects not only those individuals with disabilities
who actually have a physical or mental impairment that substantially limits a major
life activity, but also those with a record of such an impairment.  This protected
group includes --

     1)   A person who has a history of an impairment that substantially limited a
major life activity but who has recovered from the impairment.  Examples of
individuals who have a history of an impairment are persons who have histories of
mental or emotional illness, drug addiction, alcoholism, heart disease, or cancer.

     2)   Persons who have been misclassified as having an impairment.  Examples
include persons who have been erroneously diagnosed as mentally retarded or mentally
ill.

II-2.6000  "Regarded as."  The ADA also protects certain persons who are regarded by
a public entity as having a physical or mental impairment that substantially limits a
major life activity, whether or not that person actually has an impairment.  Three
typical situations are covered by this category:

1)   An individual who has a physical or mental impairment that does not
     substantially limit major life activities, but who is treated as if the
     impairment does substantially limit a major life activity;

          ILLUSTRATION:  A, an individual with mild diabetes controlled by
          medication, is barred by the staff of a county-sponsored summer camp from
          participation in certain sports because of her diabetes.  Even though A
          does not actually have an impairment that substantially limits a major life
          activity, she is protected under the ADA because she is treated as though
          she does.

2)   An individual who has a physical or mental impairment that substantially limits
     major life activities only as a result of the attitudes of others towards the
     impairment;

          ILLUSTRATION:  B, a three-year old child born with a prominent facial
          disfigurement, has been refused admittance to a county-run day care program
          on the grounds that her presence in the program might upset the other
          children.  B is an individual with a physical impairment that substantially
          limits her major life activities only as the result of the attitudes of
          others toward her impairment.

3)   An individual who has no impairments but who is treated by a public entity as
     having an impairment that substantially limits a major life activity.

          ILLUSTRATION:  C is excluded from a county-sponsored soccer team because
          the coach believes rumors that C is infected with the HIV virus.  Even
          though these rumors are untrue, C is protected under the ADA, because he is
          being subjected to discrimination by the county based on the belief that he
          has an impairment that substantially limits major life activities (i.e.,
          the belief that he is infected with HIV).

II-2.7000  Exclusions.  The following conditions are specifically excluded from the
definition of "disability":  transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical impairments, other
sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and
psychoactive substance use disorders resulting from current illegal use of drugs.

II-2.8000  Qualified individual with a disability.  In order to be an individual
protected by title II, the individual must be a "qualified" individual with a
disability.  To be qualified, the individual with a disability must meet the
essential eligibility requirements for receipt of services or participation in a
public entity's programs, activities, or services with or without --

1)   Reasonable modifications to a public entity's rules, policies, or practices;

2)   Removal of architectural, communication, or transportation barriers; or

3)   Provision of auxiliary aids and services.

     The "essential eligibility requirements" for participation in many activities of
public entities may be minimal.  For example, most public entities provide
information about their programs, activities, and services upon request.  In such
situations, the only "eligibility requirement" for receipt of such information would
be the request for it.  However, under other circumstances, the "essential
eligibility requirements" imposed by a public entity may be quite stringent.

          ILLUSTRATION:  The medical school at a public university may require those
          admitted to its program to have successfully completed specified
          undergraduate science courses.

     Can health and safety factors be taken into account in determining who is
qualified?  Yes.  An individual who poses a direct threat to the health or safety of
others will not be "qualified."

     What is a "direct threat"?  A "direct threat" is a significant risk to the
health or safety of others that cannot be eliminated or reduced to an acceptable
level by the public entity's modification of its policies, practices, or procedures,
or by the provision of auxiliary aids or services.  The public entity's determination
that a person poses a direct threat to the health or safety of others may not be
based on generalizations or stereotypes about the effects of a particular disability.

     How does one determine whether a direct threat exists?  The determination must
be based on an individualized assessment that relies on current medical evidence, or
on the best available objective evidence, to assess --

     1)   The nature, duration, and severity of the risk;

     2)   The probability that the potential injury will actually occur; and,

     3)   Whether reasonable modifications of policies, practices, or procedures will
mitigate or eliminate the risk.

     Making this assessment will not usually require the services of a physician. 
Medical guidance may be obtained from public health authorities, such as the U.S.
Public Health Service, the Centers for Disease Control, and the National Institutes
of Health, including the National Institute of Mental Health.

          ILLUSTRATION:  An adult individual with tuberculosis wishes to tutor
          elementary school children in a volunteer mentor program operated by a
          local public school board.  Title II permits the board to refuse to allow
          the individual to participate on the grounds that the mentor's condition
          would be a direct threat to the health or safety of the children
          participating in the program, if the condition is contagious and the threat
          cannot be mitigated or eliminated by reasonable modifications in policies,
          practices, or procedures.II-3.0000  GENERAL REQUIREMENTS  

Regulatory references:  28 CFR 35.130-35.135.

II-3.1000  General.  Most requirements of title II are based on section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap
in federally assisted programs and activities.  Section 504 also applies to programs
and activities "conducted" by Federal Executive agencies.  The ADA similarly extends
section 504's nondiscrimination requirement to all activities of State and local
governments, not only those that receive Federal financial assistance.  

     Section 504 was implemented in 1977 for federally assisted programs in
regulations issued by the Department of Health, Education, and Welfare.  Later, other
Federal agencies issued their own regulations for the programs and activities that
they funded.  Public entities should be familiar with those regulations from their
experience in applying for Federal grant programs.  As mandated by the ADA, the
requirements for public entities under title II are consistent with and, in many
areas, identical to the requirements of the section 504 regulations.

     The ADA, however, also mandates that the title II regulations be consistent with
the concepts of the ADA.  Therefore, the title II regulations include language that
is adapted from other parts of the ADA but not specifically found in section 504
regulations.

II-3.2000  Denial of participation.  The ADA, like other civil rights statutes,
prohibits the denial of services or benefits on specified discriminatory grounds. 
Just as a government office cannot refuse to issue food stamps or other benefits to
an individual on the basis of his or her race, it cannot refuse to provide benefits
solely because an individual has a disability.

          ILLUSTRATION:  A city cannot refuse to admit an individual to a city
          council meeting that is open to the public merely because the individual is
          deaf.

II-3.3000  Equality in participation/benefits.  The ADA provides for equality of
opportunity, but does not guarantee equality of results.  The foundation of many of
the specific requirements in the Department's regulations is the principle that
individuals with disabilities must be provided an equally effective opportunity to
participate in or benefit from a public entity's aids, benefits, and services.

          ILLUSTRATION 1:  A deaf individual does not receive an equal opportunity to
          benefit from attending a city council meeting if he or she does not have
          access to what is said.  

          ILLUSTRATION 2:  An individual who uses a wheelchair will not have an equal
          opportunity to participate in a program if applications must be filed in a
          second-floor office of a building without an elevator, because he or she
          would not be able to reach the office.  

          ILLUSTRATION 3:  Use of printed information alone is not "equally
          effective" for individuals with vision impairments who cannot read written
          material.

     Specific requirements for physical access to programs and communications are
discussed in detail below, but the general principle underlying these obligations is
the mandate for an equal opportunity to participate in and benefit from a public
entity's services, programs, and activities.

II-3.4000  Separate benefit/integrated setting.  A primary goal of the ADA is the
equal participation of individuals with disabilities in the "mainstream" of American
society.  The major principles of mainstreaming are --

     1)   Individuals with disabilities must be integrated to the maximum extent
appropriate.

     2)   Separate programs are permitted where necessary to ensure equal
opportunity.  A separate program must be appropriate to the particular individual.

     3)   Individuals with disabilities cannot be excluded from the regular program,
or required to accept special services or benefits. 

II-3.4100  Separate programs.  A public entity may offer separate or special programs
when necessary to provide individuals with disabilities an equal opportunity to
benefit from the programs.  Such programs must, however, be specifically designed to
meet the needs of the individuals with disabilities for whom they are provided.  

          ILLUSTRATION 1:  Museums generally do not allow visitors to touch exhibits
          because handling can cause damage to the objects.  A municipal museum may
          offer a special tour for individuals with vision impairments on which they
          are permitted to touch and handle specific objects on a limited basis.  (It
          cannot, however, exclude a blind person from the standard museum tour.)

          ILLUSTRATION 2:  A city recreation department may sponsor a separate
          basketball league for individuals who use wheelchairs.

II-3.4200  Relationship to "program accessibility" requirement.  The integrated
setting requirement may conflict with the obligation to provide program
accessibility, which may not necessarily mandate physical access to all parts of all
facilities (see II-5.0000).  Provision of services to individuals with disabilities
in a different location, for example, is one method of achieving program
accessibility.  Public entities should make every effort to ensure that alternative
methods of providing program access do not result in unnecessary segregation.

          ILLUSTRATION:  A school system should provide for wheelchair access at
          schools dispersed throughout its service area so that children who use
          wheelchairs can attend school at locations comparable in convenience to
          those available to other children.  Also, where "magnet" schools, or
          schools offering different curricula or instruction techniques are
          available, the range of choice provided to students with disabilities must
          be comparable to that offered to other students.

II-3.4300  Right to participate in the regular program.  Even if a separate or
special program for individuals with disabilities is offered, a public entity cannot
deny a qualified individual with a disability participation in its regular program.

     Qualified individuals with disabilities are entitled to participate in regular
programs, even if the public entity could reasonably believe that they cannot benefit
from the regular program.

          ILLUSTRATION:  A museum cannot exclude a person who is blind from a tour
          because of assumptions about his or her inability to appreciate and benefit
          from the tour experience.  Similarly, a deaf person may not be excluded
          from a museum concert because of a belief that deaf persons cannot enjoy
          the music.

     The fact that a public entity offers special programs does not affect the right
of an individual with a disability to participate in regular programs.  The
requirements for providing access to the regular program, including the requirement
that the individual be "qualified" for the program, still apply.

          ILLUSTRATION:  Where a State offers special drivers' licenses with
          limitations or restrictions for individuals with disabilities, an
          individual with a disability is not eligible for an unrestricted license,
          unless he or she meets the essential eligibility requirements for the
          unrestricted license.

          BUT:  If an individual is qualified for the regular program, he or she
          cannot be excluded from that program simply because a special program is
          available.

     Individuals with disabilities may not be required to accept special "benefits"
if they choose not to do so.  

          ILLUSTRATION:  A State that provides optional special automobile license
          plates for individuals with disabilities and requires appropriate
          documentation for eligibility for the special plates cannot require an
          individual who qualifies for a special plate to present documentation or
          accept a special plate, if he or she applies for a plate without the
          special designation.

II-3.4400  Modifications in the regular program.  When a public entity offers a
special program for individuals with a particular disability, but an individual with
that disability elects to participate in the regular program rather than in the
separate program, the public entity may still have obligations to provide an
opportunity for that individual to benefit from the regular program.  The fact that a
separate program is offered may be a factor in determining the extent of the
obligations under the regular program, but only if the separate program is
appropriate to the needs of the particular individual with a disability.  

          ILLUSTRATION:  If a museum provides a sign language interpreter for one of
          its regularly scheduled tours, the availability of the signed tour may be a
          factor in determining whether it would be an undue burden to provide an
          interpreter for a deaf person who wants to take the tour at a different
          time.

          BUT:  The availability of the signed tour would not affect the museum's
          obligation to provide an interpreter for a different tour, or the museum's
          obligation to provide a different auxiliary aid, such as an assistive
          listening device, for an individual with impaired hearing who does not use
          sign language.

II-3.5000  Eligibility criteria

II-3.5100  General.  A public entity may not impose eligibility criteria for
participation in its programs, services, or activities that either screen out or tend
to screen out persons with disabilities, unless it can show that such requirements
are necessary for the provision of the service, program, or activity.

          ILLUSTRATION 1:  The director of a county recreation program prohibits
          persons who use wheelchairs from participating in county-sponsored scuba
          diving classes because he believes that persons who use wheelchairs
          probably cannot swim well enough to participate.  An unnecessary blanket
          exclusion of this nature would violate the ADA.

          ILLUSTRATION 2:  A community college requires students with certain
          disabilities to be accompanied to class by attendants, even when such
          individuals prefer to attend classes unaccompanied.  The college also
          requires individuals with disabilities to provide extensive medical
          histories, although such histories are not required from other students. 
          Unless the college can demonstrate that it is necessary for some compelling
          reason to adopt these policies, the policies would not be permitted by the
          ADA.

II-3.5200  Safety.  A public entity may impose legitimate safety requirements
necessary for the safe operation of its services, programs, or activities.  However,
the public entity must ensure that its safety requirements are based on real risks,
not on speculation, stereotypes, or generalizations about individuals with
disabilities.

          ILLUSTRATION:  A county recreation program may require that all
          participants in its scuba program pass a swimming test, if it can
          demonstrate that being able to swim is necessary for safe participation in
          the class.  This is permitted even if requiring such a test would tend to
          screen out people with certain kinds of disabilities.

II-3.5300  Unnecessary inquiries.  A public entity may not make unnecessary inquiries
into the existence of a disability.

          ILLUSTRATION:  A municipal recreation department summer camp requires
          parents to fill out a questionnaire and to submit medical documentation
          regarding their children's ability to participate in various camp
          activities.  The questionnaire is acceptable, if the recreation department
          can demonstrate that each piece of information requested is needed to
          ensure safe participation in camp activities.  The Department, however, may
          not use this information to screen out children with disabilities from
          admittance to the camp.

II-3.5400  Surcharges.  Although compliance may result in some additional cost, a
public entity may not place a surcharge only on particular individuals with
disabilities or groups of individuals with disabilities to cover these expenses.

          ILLUSTRATION:  A community college provides interpreter services to deaf
          students, removes a limited number of architectural barriers, and relocates
          inaccessible courses and activities to more accessible locations.  The
          college cannot place a surcharge on either an individual student with a
          disability (such as a deaf student who benefited from interpreter services)
          or on groups of students with disabilities (such as students with mobility
          impairments who benefited from barrier removal).  It may, however, adjust
          its tuition or fees for all students.

II-3.6000  Reasonable modifications

II-3.6100  General.  A public entity must reasonably modify its policies, practices,
or procedures to avoid discrimination.  If the public entity can demonstrate,
however, that a modification would fundamentally alter the nature of its service,
program, or activity, it is not required to make the modification.

          ILLUSTRATION 1:  A municipal zoning ordinance requires a set-back of 12
          feet from the curb in the central business district.  In order to install a
          ramp to the front entrance of a pharmacy, the owner must encroach on the
          set-back by three feet.  Granting a variance in the zoning requirement may
          be a reasonable modification of town policy.

          ILLUSTRATION 2:  A county general relief program provides emergency food,
          shelter, and cash grants to individuals who can demonstrate their
          eligibility.  The application process, however, is extremely lengthy and
          complex.  When many individuals with mental disabilities apply for
          benefits, they are unable to complete the application process successfully. 
          As a result, they are effectively denied benefits to which they are
          otherwise entitled.  In this case, the county has an obligation to make
          reasonable modifications to its application process to ensure that
          otherwise eligible individuals are not denied needed benefits. 
          Modifications to the relief program might include simplifying the
          application process or providing applicants who have mental disabilities
          with individualized assistance to complete the process.

II-3.6200  Personal services and devices.  A public entity is not required to provide
individuals with disabilities with personal or individually prescribed devices, such
as wheelchairs, prescription eyeglasses, or hearing aids, or to provide services of a
personal nature, such as assistance in eating, toileting, or dressing.  Of course, if
personal services or devices are customarily provided to the individuals served by a
public entity, such as a hospital or nursing home, then these personal services
should also be provided to individuals with disabilities.

II-3.7000  Contracting and licensing

II-3.7100  Contracting.  A public entity may not discriminate on the basis of
disability in contracting for the purchase of goods and services.

          ILLUSTRATION 1:  A municipal government may not refuse to contract with a
          cleaning service company to clean its government buildings because the
          company is owned by an individual with disabilities or employs individuals
          with disabilities.

II-3.7200  Licensing.  A public entity may not discriminate on the basis of
disability in its licensing, certification, and regulatory activities.  A person is a
"qualified individual with a disability" with respect to licensing or certification,
if he or she can meet the essential eligibility requirements for receiving the
license or certification.

     The phrase "essential eligibility requirements" is particularly important in the
context of State licensing requirements.  While many programs and activities of
public entities do not have significant qualification requirements, licensing
programs often do require applicants to demonstrate specific skills, knowledge, and
abilities.  Public entities may not discriminate against qualified individuals with
disabilities who apply for licenses, but may consider factors related to the
disability in determining whether the individual is "qualified."  
          ILLUSTRATION:  An individual is not "qualified" for a driver's license
          unless he or she can operate a motor vehicle safely.  A public entity may
          establish requirements, such as vision requirements, that would exclude
          some individuals with disabilities, if those requirements are essential for
          the safe operation of a motor vehicle.

          BUT:  The public entity may only adopt "essential" requirements for safe
          operation of a motor vehicle.  Denying a license to all individuals who
          have missing limbs, for example, would be discriminatory if an individual
          who could operate a vehicle safely without use of the missing limb were
          denied a license.  A public entity, however, could impose appropriate
          restrictions as a condition to obtaining a license, such as requiring an
          individual who is unable to use foot controls to use hand controls when
          operating a vehicle.
 
     A public entity does not have to lower or eliminate licensing standards that are
essential to the licensed activity to accommodate an individual with a disability. 
Whether a specific requirement is "essential" will depend on the facts of the
particular case.  Where a public entity administers licensing examinations, it must
provide auxiliary aids for applicants with disabilities and administer the
examinations in accessible locations.

     In addition, a public entity may not establish requirements for the programs or
activities of licensees that would result in discrimination against qualified
individuals with disabilities.  For example, a public entity's safety standards may
not require the licensee to discriminate against qualified individuals with
disabilities in its employment practices.

          ILLUSTRATION:  A State prohibits the licensing of transportation companies
          that employ individuals with missing limbs as drivers.  XYZ company refuses
          to hire an individual with a missing limb who is "qualified" to perform the
          essential functions of the job, because he is able to drive safely with
          hand controls.  The State's licensing requirements violate title II.

          BUT:  The State is not accountable for discrimination in the employment or
          other practices of XYZ company, if those practices are not the result of
          requirements or policies established by the State.

     Although licensing standards are covered by title II, the licensee's activities
themselves are not covered.  An activity does not become a "program or activity" of a
public entity merely because it is licensed by the public entity.

II-3.8000  Illegal use of drugs.  Discrimination based on an individual's current
illegal use of drugs is not prohibited (see II-2.3000).  Although individuals
currently using illegal drugs are not protected from discrimination, the ADA does
prohibit denial of health services, or services provided in connection with drug
rehabilitation, to an individual on the basis of current illegal use of drugs, if the
individual is otherwise entitled to such services.

          ILLUSTRATION 1:  A hospital emergency room may not refuse to provide
          emergency services to an individual because the individual is using drugs.

          ILLUSTRATION 2:  A municipal medical facility that specializes in care of
          burn patients may not refuse to treat an individual's burns on the grounds
          that the individual is illegally using drugs.

     Because abstention from the use of drugs is an essential condition for
participation in some drug rehabilitation programs, and may be a necessary
requirement in inpatient or residential settings, a drug rehabilitation or treatment
program may deny participation to individuals who use drugs while they are in the
program.

          ILLUSTRATION:  A residential drug and alcohol treatment program may expel
          an individual for using drugs in a treatment center.

II-3.9000  Discrimination on the basis of association.  A State or local government
may not discriminate against individuals or entities because of their known
relationship or association with persons who have disabilities.  This prohibition
applies to cases where the public entity has knowledge of both the individual's
disability and his or her relationship to another individual or entity.  In addition
to familial relationships, the prohibition covers any type of association between the
individual or entity that is discriminated against and the individual or individuals
with disabilities, if the discrimination is actually based on the disability.

          ILLUSTRATION 1:  A county recreation center may not refuse admission to a
          summer camp program to a child whose brother has HIV disease.

          ILLUSTRATION 2:  A local government could not refuse to allow a theater
          company to use a school auditorium on the grounds that the company has
          recently performed at an HIV hospice.

          ILLUSTRATION 3:  If a county-owned sports arena refuses to admit G, an
          individual with cerebral palsy, as well as H (his sister) because G has
          cerebral palsy, the arena would be illegally discriminating against H on
          the basis of her association with G.

II-3.10000  Maintenance of accessible features.  Public entities must maintain in
working order equipment and features of facilities that are required to provide ready
access to individuals with disabilities.  Isolated or temporary interruptions in
access due to maintenance and repair of accessible features are not prohibited.

     Where a public entity must provide an accessible route, the route must remain
accessible and not blocked by obstacles such as furniture, filing cabinets, or potted
plants.  An isolated instance of placement of an object on an accessible route,
however, would not be a violation, if the object is promptly removed.  Similarly,
accessible doors must be unlocked when the public entity is open for business.

     Mechanical failures in equipment such as elevators or automatic doors will occur
from time to time.  The obligation to ensure that facilities are readily accessible
to and usable by individuals with disabilities would be violated, if repairs are not
made promptly or if improper or inadequate maintenance causes repeated and persistent
failures.

          ILLUSTRATION 1:  It would be a violation for a building manager of a three-
          story building to turn off the only passenger elevator in order to save
          energy during the hours when the building is open.

          ILLUSTRATION 2:  A public high school has a lift to provide access for
          persons with mobility impairments to an auditorium stage.  The lift is not
          working.  If the lift normally is functional and reasonable steps have been
          taken to repair the lift, then the school has not violated its obligations
          to maintain accessible features.  On the other hand, if the lift frequently
          does not work and reasonable steps have not been taken to maintain the
          lift, then the school has violated the maintenance of accessible features
          requirement.

          ILLUSTRATION 3:  Because of lack of space, a city office manager places
          tables and file cabinets in the hallways, which interferes with the
          usability of the hallway by individuals who use wheelchairs.  By rendering
          a previously accessible hallway inaccessible, the city has violated the
          maintenance requirement, if that hallway is part of a required accessible
          route.

II-3.11000  Retaliation or coercion.  Individuals who exercise their rights under the
ADA, or assist others in exercising their rights, are protected from retaliation. 
The prohibition against retaliation or coercion applies broadly to any individual or
entity that seeks to prevent an individual from exercising his or her rights or to
retaliate against him or her for having exercised those rights.  Any form of
retaliation or coercion, including threats, intimidation, or interference, is
prohibited if it interferes with the exercise of rights under the Act.

          ILLUSTRATION 1:  A, a private individual, harasses X, an individual with
          cerebral palsy, in an effort to prevent X from attending a concert in a
          State park.  A has violated the ADA.

          ILLUSTRATION 2:  A State tax official delays a tax refund for M, because M
          testified in a title II grievance proceeding involving the inaccessibility
          of the tax information office.  The State has illegally retaliated against
          M in violation of title II.

II-3.12000  Smoking.  A public entity may prohibit smoking, or may impose
restrictions on smoking, in its facilities.
II-4.0000  EMPLOYMENT

Regulatory references:  28 CFR 35.140.

II-4.1000  General.  Beginning January 26, 1992, title II prohibits all public
entities, regardless of size of workforce, from discriminating in their employment
practices against qualified individuals with disabilities.

II-4.2000  Relationship among title II and other Federal laws that prohibit
employment discrimination by public entities on the basis of disability.  In addition
to title II's employment coverage, title I of the ADA and section 504 of the
Rehabilitation Act of 1973 prohibit employment discrimination against qualified
individuals with disabilities by certain public entities.

     Title I of the ADA, which is primarily enforced by the Equal Employment
Opportunity Commission (EEOC), prohibits job discrimination --

     1)   Effective July 26, 1992, by State and local employers with 25 or more
employees; and

     2)   Effective July 26, 1994, by State and local employers with 15 or more
employees.

     Section 504 of the Rehabilitation Act prohibits discrimination in employment in
programs or activities that receive Federal financial assistance, including federally
funded State or local programs or activities.  Each Federal agency that extends
financial assistance is responsible for enforcement of section 504 in the programs it
funds.

     What standards are used to determine compliance under title II?  For those
public entities that are subject to title I of the ADA, title II adopts the standards
of title I.  In all other cases, the section 504 standards for employment apply.

II-4.3000  Basic employment requirements.  The following sections set forth examples
of basic title II employment requirements that are common to both title I and section
504.  Because the language of title I was modeled on the section 504 regulations, the
standards of title I and section 504 are on most issues identical.  Additional
information on employment issues is available in "A Technical Assistance Manual on
the Employment Provisions (Title I) of the Americans with Disabilities Act," issued
by the EEOC.  (For information about obtaining this document or other information
about title I, contact the EEOC at 800-669-EEOC (voice) or 800-800-3302 (TDD)).

II-4.3100  Nondiscriminatory practices and policies.  As of January 26, 1992, all
public entities must ensure that their employment practices and policies do not
discriminate on the basis of disability against qualified individuals with
disabilities in every aspect of employment, including recruitment, hiring, promotion,
demotion, layoff and return from layoff, compensation, job assignments, job
classifications, paid or unpaid leave, fringe benefits, training, and employer-
sponsored activities, including recreational or social programs.

II-4.3200  Reasonable accommodation.  All public entities must make "reasonable
accommodation" to the known physical or mental limitations of otherwise qualified
applicants or employees with disabilities, unless the public entity can show that the
accommodation would impose an "undue hardship" on the operation of its program.

     "Reasonable accommodation" means any change or adjustment to a job or work
environment that permits a qualified applicant or employee with a disability to
participate in the job application process, to perform the essential functions of a
job, or to enjoy benefits and privileges of employment equal to those enjoyed by
employees without disabilities.  Examples include --

     1)   Acquiring or modifying equipment or devices;

     2)   Job restructuring;

     3)   Part-time or modified work schedules;

     4)   Providing readers or interpreters;

     5)   Making the workplace accessible to and usable by    individuals with
disabilities.

     However, any particular change or adjustment would not be required if, under the
circumstances involved, it would result in an undue hardship.

     "Undue hardship" means significant difficulty or expense relative to the
operation of a public entity's program.  Where a particular accommodation would
result in an undue hardship, the public entity must determine if another
accommodation is available that would not result in an undue hardship.

II-4.3300  Nondiscrimination in selection criteria and the administration of tests. 
Public entities may not use employment selection criteria that have the effect of
subjecting individuals with disabilities to discrimination.  In addition, public
entities are required to ensure that, where necessary to avoid discrimination,
employment tests are modified so that the test results reflect job skills or aptitude
or whatever the test purports to measure, rather than the applicant's or employee's
hearing, visual, speaking, or manual skills (unless the test is designed to measure
hearing, visual, speaking, or manual skills).

II-4.3400  Preemployment medical examinations and medical inquiries.  During the
hiring process, public entities may ask about an applicant's ability to perform job-
related functions but may not ask whether an applicant is disabled or about the
nature or severity of an applicant's disability.

     Public entities may not conduct preemployment medical examinations, but they may
condition a job offer on the results of a medical examination conducted prior to an
individual's entrance on duty if --

     1)   All entering employees in the same job category, regardless of disability,
are required to take the same medical examination, and 

     2)   The results of the medical examination are not used to impermissibly
discriminate on the basis of disability.

     The results of a medical entrance examination must be kept confidential and
maintained in separate medical files.
II-5.0000  PROGRAM ACCESSIBILITY

Regulatory references:  28 CFR 35.149-35.150.

II-5.1000  General.  A public entity may not deny the benefits of its programs,
activities, and services to individuals with disabilities because its facilities are
inaccessible.  A public entity's services, programs, or activities, when viewed in
their entirety, must be readily accessible to and usable by individuals with
disabilities.  This standard, known as "program accessibility," applies to all
existing facilities of a public entity.  Public entities, however, are not
necessarily required to make each of their existing facilities accessible.

          ILLUSTRATION 1:  When a city holds a public meeting in an existing
          building, it must provide ready access to, and use of, the meeting
          facilities to individuals with disabilities.  The city is not required to
          make all areas in the building accessible, as long as the meeting room is
          accessible.  Accessible telephones and bathrooms should also be provided
          where these services are available for use of meeting attendees.

          ILLUSTRATION 2:  D, a defendant in a civil suit, has a respiratory
          condition that prevents her from climbing steps.  Civil suits are routinely
          heard in a courtroom on the second floor of the courthouse.  The courthouse
          has no elevator or other means of access to the second floor.  The public
          entity must relocate the proceedings to an accessible ground floor
          courtroom or take alternative steps, including moving the proceedings to
          another building, in order to allow D to participate in the civil suit.

          ILLUSTRATION 3:  A State provides ten rest areas approximately 50 miles
          apart along an interstate highway.  Program accessibility requires that an
          accessible toilet room for each sex with at least one accessible stall, or
          a unisex bathroom, be provided at each rest area.

     Is a public entity relieved of its obligation to make its programs accessible if
no individual with a disability is known to live in a particular area?  No.  The
absence of individuals with disabilities living in an area cannot be used as the test
of whether programs and activities must be accessible.

     Can back doors and freight elevators be used to satisfy the program
accessibility requirement?  Yes, but only as a last resort and only if such an
arrangement provides accessibility comparable to that provided to persons without
disabilities, who generally use front doors and passenger elevators.  For example, a
back door is acceptable if it is kept unlocked during the same hours the front door
remains unlocked; the passageway to and from the floor is accessible, well-lit, and
neat and clean; and the individual with a mobility impairment does not have to travel
excessive distances or through nonpublic areas such as kitchens and storerooms to
gain access.  A freight elevator would be acceptable if it were upgraded so as to be
usable by passengers generally and if the passageways leading to and from the
elevator are well-lit and neat and clean.

     Are there any limitations on the program accessibility requirement?  Yes.  A
public entity does not have to take any action that it can demonstrate would result
in a fundamental alteration in the nature of its program or activity or in undue
financial and administrative burdens.  This determination can only be made by the
head of the public entity or his or her designee and must be accompanied by a written
statement of the reasons for reaching that conclusion.  The determination that undue
burdens would result must be based on all resources available for use in the program. 
If an action would result in such an alteration or such burdens, the public entity
must take any other action that would not result in such an alteration or such
burdens but would nevertheless ensure that individuals with disabilities receive the
benefits and services of the program or activity.

II-5.2000  Methods for providing program accessibility.  Public entities may achieve
program accessibility by a number of methods.  In many situations, providing access
to facilities through structural methods, such as alteration of existing facilities
and acquisition or construction of additional facilities, may be the most efficient
method of providing program accessibility.  The public entity may, however, pursue
alternatives to structural changes in order to achieve program accessibility. 
Nonstructural methods include acquisition or redesign of equipment, assignment of
aides to beneficiaries, and provision of services at alternate accessible sites.

          ILLUSTRATION 1:  The office building housing a public welfare agency may
          only be entered by climbing a flight of stairs.  If an individual with a
          mobility impairment seeks information about welfare benefits, the agency
          can provide the information in an accessible ground floor location or in
          another accessible building.

          ILLUSTRATION 2:  A public library's open stacks are located on upper floors
          having no elevator.  As an alternative to installing a lift or elevator,
          library staff may retrieve books for patrons who use wheelchairs.  The
          aides must be available during the operating hours of the library.

          ILLUSTRATION 3:  A public university that conducts a French course in an
          inaccessible building may relocate the course to a building that is readily
          accessible.

     When choosing a method of providing program access, a public entity must give
priority to the one that results in the most integrated setting appropriate to
encourage interaction among all users, including individuals with disabilities.

          ILLUSTRATION:  A rural, one-room library has an entrance with several
          steps.  The library can make its services accessible in several ways.  It
          may construct a simple wooden ramp quickly and at relatively low cost. 
          Alternatively, individuals with mobility impairments may be provided access
          to the library's services through a bookmobile, by special messenger
          service, through use of clerical aides, or by any other method that makes
          the resources of the library "readily accessible."  Priority should be
          given, however, to constructing a ramp because that is the method that
          offers library services to individuals with disabilities and others in the
          same setting.

     Is carrying an individual with a disability considered an acceptable method of
achieving program access?  Generally, it is not.  Carrying persons with mobility
impairments to provide program accessibility is permitted in only two cases.  First,
when program accessibility in existing facilities can be achieved only through
structural alterations (that is, physical changes to the facilities), carrying may
serve as a temporary expedient until construction is completed.  Second, carrying is
permitted in manifestly exceptional cases if (a) carriers are formally instructed on
the safest and least humiliating means of carrying and (b) the service is provided in
a reliable manner.  Carrying is contrary to the goal of providing accessible
programs, which is to foster independence.

     How is "program accessibility" under title II different than "readily achievable
barrier removal" under title III?  Unlike private entities under title III, public
entities are not required to remove barriers from each facility, even if removal is
readily achievable.  A public entity must make its "programs" accessible.  Physical
changes to a building are required only when there is no other feasible way to make
the program accessible.

     In contrast, barriers must be removed from places of public accommodation under
title III where such removal is "readily achievable," without regard to whether the
public accommodation's services can be made accessible through other methods.

II-5.3000  Curb ramps.  Public entities that have responsibility or authority over
streets, roads, or walkways must prepare a schedule for providing curb ramps where
pedestrian walkways cross curbs.  Public entities must give priority to walkways
serving State and local government offices and facilities, transportation, places of
public accommodation, and employees, followed by walkways serving other areas.  This
schedule must be included as part of a transition plan (see II-8.3000).

     What are walkways?  Pedestrian walkways include locations where access is
required for use of public transportation, such as bus stops that are not located at
intersections or crosswalks.

II-5.4000  Existing parking lots or garages.  A public entity should provide an
adequate number of accessible parking spaces in existing parking lots or garages over
which it has jurisdiction.

II-5.5000  Historic preservation programs.  Special program accessibility
requirements and limitations apply to historic preservation programs.  Historic
preservation programs are programs conducted by a public entity that have
preservation of historic properties as a primary purpose.  An historic property is a
property that is listed or eligible for listing in the National Register of Historic
Places or a property designated as historic under State or local law.

     In achieving program accessibility in historic preservation programs, a public
entity must give priority to methods that provide physical access to individuals with
disabilities.  Physical access is particularly important in an historic preservation
program, because a primary benefit of the program is uniquely the experience of the
historic property itself.

     Are there any special limitations on measures required to achieve program
accessibility in historic preservation programs in addition to the general
fundamental alteration / undue financial and administrative burdens limitations? 
Yes, a public entity is not required to take any action that would threaten or
destroy the historic significance of an historic property.  In cases where physical
access cannot be provided because of either this special limitation, or because an
undue financial burden or fundamental alteration would result, alternative measures
to achieve program accessibility must be undertaken.

          ILLUSTRATION:  Installing an elevator in an historic house museum to
          provide access to the second floor bedrooms would destroy architectural
          features of historic significance on the first floor.  Providing an audio-
          visual display of the contents of the upstairs rooms in an accessible
          location on the first floor would be an alternative way of achieving
          program accessibility.

     Does the special limitation apply to programs that are not historic preservation
programs, but just happen to be located in historic properties?  No.  In these cases,
nonstructural methods of providing program accessibility, such as relocating all or
part of a program or making home visits, are available to ensure accessibility, and
no special limitation protecting the historic structure is provided.

II-5.6000  Time periods for achieving program accessibility.  Public entities must
achieve program accessibility by January 26, 1992.  If structural changes are needed
to achieve program accessibility, they must be made as expeditiously as possible, but
in no event later than January 26, 1994.  This three-year time period is not a grace
period; all changes must be accomplished as expeditiously as possible.  A public
entity that employs 50 or more persons must develop a transition plan by July 26,
1992, setting forth the steps necessary to complete such changes.  For guidance on
transition plan requirements, see II-8.3000.
II-6.0000  NEW CONSTRUCTION AND ALTERATIONS

Regulatory references:  28 CFR 35.151.

II-6.1000  General.  All facilities designed, constructed, or altered by, on behalf
of, or for the use of a public entity must be readily accessible and usable by
individuals with disabilities, if the construction or alteration is begun after
January 26, 1992.

     What is "readily accessible and usable?"  This means that the facility must be
designed, constructed, or altered in strict compliance with a design standard.  The
regulation gives a choice of two standards that may be used (see II-6.2000).

II-6.2000  Choice of design standard:  UFAS or ADAAG

II-6.2100  General.  Public entities may choose from two design standards for new
construction and alterations.  They can choose either the Uniform Federal
Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (ADAAG), which is the standard that must be
used for public accommodations and commercial facilities under title III of the ADA. 
If ADAAG is chosen, however, public entities are not entitled to the elevator
exemption (which permits certain buildings under three stories or under 3,000 square
feet per floor to be constructed without an elevator).

     Many public entities that are recipients of Federal funds are already subject to
UFAS, which is the accessibility standard referenced in most section 504 regulations.

     Which standard is stricter, UFAS or ADAAG?  The many differences between the
standards are highlighted below.  In some areas, UFAS may appear to be more
stringent.  In other areas ADAAG may appear to be more stringent.  Because of the
many differences, one standard is not stricter than the other.

     Can a public entity follow ADAAG on one floor of a new building and then follow
UFAS on the next floor?  No.  Each facility or project must follow one standard
completely.

     Can a public entity follow UFAS for one alteration project and then follow ADAAG
for another alteration project in the same building?  No.  All alterations in the
same building must be done in accordance with the same standard.

II-6.3000  Major differences between ADAAG and UFAS.  Set forth below is a summary of
some of the major differences between ADAAG and UFAS.

II-6.3100  General principles

     1)   Work areas

          ADAAG:    Requires that areas used only by employees as work areas be
                    designed and constructed so that individuals with disabilities
                    can approach, enter, and exit the areas.  There is, then, only a
                    limited application of the standards to work areas ({4.1.1(3)).

          UFAS:     Contains no special limited requirement for work areas.  The UFAS
                    standards apply (as provided in the Architectural Barriers Act)
                    in all areas frequented by the public or which "may result in
                    employment ... of physically handicapped persons" ({1).

     2)   Equivalent facilitation

          ADAAG:    Departures from particular standards are permitted where
                    alternatives will provide substantially equivalent or greater
                    access ({2.2).

          UFAS:     UFAS itself does not contain a statement concerning equivalent
                    facilitation.  However, section 504 regulations, as well as the
                    Department's title II regulation (28 CFR 35.151(c)), state that
                    departures are permitted where it is "clearly evident that
                    equivalent access" is provided.

     3)   Exemption from application of standards in new construction

          ADAAG:    Contains a structural impracticability exception for new
                    construction: full compliance with the new construction standards
                    is not required in the rare case where the terrain prevents
                    compliance ({4.1.1(5)(a)).

          UFAS:     Does not contain a structural impracticability exception (or any
                    other exception) for new construction.

     4)   Exemption from application of standards in alterations

          ADAAG:    For alterations, application of standards is not required where
                    it would be "technically infeasible" (i.e., where application of
                    the standards would involve removal of a load-bearing structural
                    member or where existing physical or site restraints prevent
                    compliance).  Cost is not a factor ({4.1.6(1)(j)).

          UFAS:     Application of standards is not required for alterations where
                    "structurally impracticable," i.e., where removal of a load-
                    bearing structural member is involved or where the result would
                    be an increased cost of 50 percent or more of the value of the
                    element involved ({{4.1.6(3); 3.5 ("structural
                    impracticability")).  Cost is a factor.  (Note that the similar
                    term, "structural impracticability," is used in ADAAG (see item
                    #3 above), but in ADAAG it is used in relation to new
                    construction.  In UFAS, it is used in relation to alterations,
                    and it has a different meaning.)

     5)   Alterations triggering additional requirements

          ADAAG:    Alterations to primary function areas (where major activities
                    take place) trigger a "path of travel" requirement, that is, a
                    requirement to make the path of travel from the entrance to the
                    altered area -- and telephones, restrooms, and drinking fountains
                    serving the altered area -- accessible ({4.1.6(2)).  But, under
                    the Department of Justice title III rule, a public entity is not
                    required to spend more than 20% of the cost of the original
                    alteration on making the path of travel accessible, even if this
                    cost limitation results in less than full accessibility (28 CFR
                    36.403(f)).

          UFAS:     If a building undergoes a "substantial alteration" (where the
                    total cost of all alterations in a 12-month period amounts to 50%
                    or more of the value of the building), the public entity must
                    provide an accessible route from public transportation, parking,
                    streets, and sidewalks to all accessible parts of the building;
                    an accessible entrance; and accessible restrooms ({4.1.6(3)).

    6)   Additions

          ADAAG:    Each addition to an existing building is regarded as an
                    alteration subject to the ADAAG alterations requirements
                    (including triggering of path of travel obligations, if
                    applicable).  If the addition does not have an accessible
                    entrance, the path of travel obligation may require an accessible
                    route from the addition through the existing building, including
                    its entrance and exterior approaches, subject to the 20%
                    disproportionality limitation.  Moreover, to the extent that a
                    space or element is newly constructed as part of an addition, it
                    is also regarded as new construction and must comply with the
                    applicable new construction provisions of ADAAG ({4.1.5).

          UFAS:     Has specific requirements for additions, including requirements
                    for entrances, routes, restrooms, and common areas.  An
                    accessible route from the addition through the existing building,
                    including its entrance, is required if the addition does not have
                    an accessible entrance ({4.1.5).

II-6.3200  Elements.  The following requirements apply in new construction, unless
otherwise indicated.

     1)   Van parking

          ADAAG:    One in every eight accessible spaces must be wide enough and high
                    enough for a van lift to be deployed.  The space must be marked
                    as "van accessible" with a supplementary sign.  Alternatively,
                    "universal parking" is permitted, in which all spaces can
                    accommodate van widths ({4.1.2(5)(b)).

          UFAS:     Van parking is not required.  Universal parking is not addressed.

     2)   Valet parking

          ADAAG:    Facilities with valet parking must have an accessible passenger
                    loading zone on an accessible route to the exterior of the
                    facility ({4.1.2(5)(e)).

          UFAS:     No requirements for valet parking.

     3)   Signs

          ADAAG:    

          `    Signs designating permanent rooms and spaces (men's and women's rooms;
               room numbers; exit signs) must have raised and Brailled letters; must
               comply with finish and contrast standards; and must be mounted at a
               certain height and location ({4.1.3(16)(a)).

          `    Signs that provide direction to or information about functional spaces
               of a building (e.g., "cafeteria this way"; "copy room") need not
               comply with requirements for raised and Brailled letters, but they
               must comply with requirements for character proportion, finish, and
               contrast.  If suspended or projected overhead, they must also comply
               with character height requirements ({4.1.3(16)(b)).

          `    Building directories and other signs providing temporary information
               (such as current occupant's name) do not have to comply with any ADAAG
               requirements ({4.1.3(16)).

          `    Has requirements not only for the standard international symbol of
               accessibility, but also for symbols of accessibility identifying
               volume control telephones, text telephones, and assistive listening
               systems ({{4.1.2(7); 4.30.7).

          UFAS:     

          `    Signs designating permanent rooms and spaces must be raised (Braille
               is not required) and must be mounted at a certain height and location
               ({4.1.2(15)).

          `    All other signs (including temporary signs) must comply with
               requirements for letter proportion and color contrast, but not with
               requirements for raised letters or mounting height ({4.1.2(15)).

          `    Requires only the standard international symbol of accessibility
               ({4.30.5).

     4)   Entrances

          ADAAG:    At least 50 percent of all public entrances must be accessible
                    with certainqualifications.  In addition, there must be accessible entrances
                    to enclosed parking, pedestrian tunnels, and elevated walkways
                    ({4.1.3(8)).

          UFAS:     At least one principal entrance at each grade floor level must be
                    accessible.  In addition, there must be an accessible entrance to
                    transportation facilities, passenger loading zones, accessible
                    parking, taxis, streets, sidewalks, and interior accessible
                    areas, if the building has entrances that normally serve those
                    functions ({4.1.2(8)).  (This latter requirement could result in
                    all entrances having to be accessible in many cases.)

     5)   Areas of rescue assistance or places of refuge

          ADAAG:    Areas of rescue assistance (safe areas in which to await help in
                    an emergency) are generally required on each floor, other than
                    the ground floor, of a multistory building.  An accessible egress
                    route or an area of rescue assistance is required for each exit
                    required by the local fire code.  Specific requirements are
                    provided for such features as location, size, stairway width, and
                    two-way communications.  Areas of rescue assistance are not
                    required in buildings with supervised automatic sprinkler
                    systems, nor are they required in alterations ({4.1.3(9)).

          UFAS:     Accessible routes must serve as a means of egress or connect to
                    an accessible "place of refuge."  No specific requirements for
                    places of refuge are included.  Rather, UFAS refers to local
                    administrative authority for specific provisions on location,
                    size, etc.  UFAS requires more than one means of accessible
                    egress when more than one exit is required ({4.3.10).

     6)   Water fountains

          ADAAG:    Where there is more than one fountain on a floor, 50% must be
                    accessible to persons using wheelchairs.  If there is only one
                    drinking fountain on a floor, it must be accessible both to
                    individuals who use wheelchairs and to individuals who have
                    trouble bending or stooping (for example, a "hi-lo fountain" or
                    fountain and water cooler may be used) ({4.1.3(10)).

          UFAS:     Approximately 50% on each floor must be accessible.  If there is
                    only one fountain on a floor, it must be accessible to
                    individuals who use wheelchairs ({4.1.3(9)).

     7)   Storage and shelves

          ADAAG:    One of each type of fixed storage facility must be accessible. 
                    Self-service shelves and displays must be on an accessible route
                    but need not comply with reach-range requirements ({4.1.3(12)).

          UFAS:     Has the same requirements as ADAAG for fixed storage, but does
                    not contain the reach requirement exemption for self-service
                    shelves and displays ({4.1.2(11)).

     8)   Volume controls

          ADAAG:    All accessible public phones must be equipped with volume
                    controls.  In addition, 25%, but never less than one, of all
                    other public phones must have volume controls ({4.1.3(17)(b)).

          UFAS:     At least one accessible telephone must have a volume control
                    ({4.1.2(16)(b)).

     9)   Telecommunication Devices for the Deaf (TDD's)

          ADAAG:    One TDD (also known as a "text telephone") must be provided
                    inside any building that has at least one interior pay phone and
                    four or more public pay telephones, counting both interior and
                    exterior phones.  In addition, one TDD or text telephone (per
                    facility) must be provided whenever there is an interior public
                    pay phone in a stadium or arena; convention center; hotel with a
                    convention center; covered shopping mall; or hospital emergency,
                    recovery, or waiting room ({4.1.3(17)(c)).

          UFAS:     No requirement for TDD's.

    10)  Assembly areas

          ADAAG:    

          `    Wheelchair seating:  Requirements triggered in any assembly area with
               fixed seating that seats four or more people.  The number of
               wheelchair locations required depends upon the size of the assembly
               area.  When the area has over 300 seats, there are requirements for
               dispersal of wheelchair seating.  ADAAG also contains requirements for
               aisle seats without armrests (or with removable armrests) and fixed
               seating for companions located adjacent to each wheelchair seating
               area ({4.1.3(19)(a)).

          `    Assistive listening systems:  Certain fixed seating assembly areas
               that accommodate 50 or more people or have audio-amplification systems
               must have permanently installed assistive listening systems.  Other
               assembly areas must have permanent systems or an adequate number of
               electrical outlets or other wiring to support a portable system.  A
               special sign indicating the availability of the system is required. 
               The minimum number of receivers must be equal to four percent of the
               total number of seats, but never less than two ({4.1.3(19)(b)).

          UFAS:     

          `    Wheelchair seating:  No requirements for wheelchair seating are
               triggered, unless the assembly area has 50 or more seats.  Seating
               must be dispersed and provide comparable lines of sight
               ({4.1.2(18)(a)).

          `    Assistive listening systems:  Assembly areas with audio-amplification
               systems must have a listening system that serves a reasonable number
               of people, but at least two.  If it has no amplification system or is
               used primarily as meeting or conference room, it must have a permanent
               or portable system.  No special signs are required ({4.1.2(18)(b)).

     11)  Automated teller machines (ATM's)

          ADAAG:    Where ATM's are provided, each must be accessible, except that
                    only one need comply when two or more ATM's are at the same
                    location.  Accessible machines must have, among other features,
                    accessible controls and instructions and other information
                    accessible to persons with sight impairments ({4.1.3(20)).

          UFAS:     No requirements for ATM's.

     12)  Bathrooms

          ADAAG:    Every public and common use bathroom must be accessible. 
                    Generally only one stall must be accessible (standard five-by-
                    five feet).  When there are six or more stalls, there must be one
                    accessible stall and one stall that is three feet wide
                    ({{4.1.3(11); 4.22.4).

          UFAS:     Same general requirements but no requirement for an additional
                    three-foot-wide stall ({{4.1.2(10); 4.22.4).

     13)  Detectable warnings

          ADAAG:    Required on curb ramps, hazardous vehicular areas, and reflecting
                    pools, but not on doors to hazardous areas.  The warnings must be
                    truncated domes ({4.29).

          UFAS:     "Tactile warnings" (uses different terminology) required only on
                    doors to hazardous areas.  Must be a textured surface on the door
                    handle or hardware ({4.29).

     14)  Carpet and carpet tile

          ADAAG:    Same standards for carpet and carpet tile:  maximum pile height
                    of 1/2" ({4.5.3).

          UFAS:     Carpet must have maximum pile height of 1/2".  Carpet tile must
                    have maximum combined thickness of pile, cushion, and backing
                    height of 1/2" ({4.5.3).

     15)  Curb ramps

          ADAAG:    Curb ramps must have detectable warnings (which must be raised
                    truncated domes) ({4.7.7).

          UFAS:     No requirement for detectable warnings on curb ramps.

    16)  Elevator hoistway floor designations and car controls

          ADAAG:    Must have raised and Brailled characters ({{4.10.5; 4.10.12).

          UFAS:     Must have raised characters; no requirement for Braille
                    ({{4.10.5; 4.10.12).

     17)  Visual alarms

          ADAAG:    Contains details about features required on visual alarms for
                    individuals with hearing impairments, including type of lamp,
                    color, intensity, and location.  Flash rate must be at a minimum
                    of 1Hz and maximum of 3Hz ({4.28.3).

          UFAS:     Contains much less detail.  Allows faster flash rate of up to 5Hz
                    ({4.28.3).

     18)  Elevators and platform lifts in new construction and alterations

          ADAAG:    The elevator exemption for two-story places of public
                    accommodation or commercial facilities does not apply to
                    buildings and facilities subject to title II.  Therefore,
                    elevators are required in all new multilevel buildings or
                    facilities, but vertical access to elevator pits, elevator
                    penthouses, mechanical rooms, and piping or equipment catwalks is
                    not required.  Platform lifts may be used instead of elevators
                    under certain conditions in new construction and may always be
                    used in alterations ({4.1.3(5)).  Individuals must be able to
                    enter unassisted, operate, and exit the lift without assistance
                    ({4.11.3).

          UFAS:     Has same general requirement for elevators and exceptions similar
                    to those in ADAAG.  Platform lifts may be substituted for
                    elevators in new construction or alterations "if no other
                    alternative is feasible" ({4.1.2(5)).  Lifts must facilitate
                    unassisted entry and exit (but not "operation" of the lift as in
                    ADAAG) ({4.11.3).

II-6.3300  Types of facilities

     1)   Historic buildings

          ADAAG:    Contains procedures for buildings eligible for listing in the
                    National Register of Historic Places under the National Historic
                    Preservation Act and for historic buildings designated under
                    State or local law ({4.1.7).

          UFAS:     Contains requirements for buildings eligible for listing in the
                    National Register of Historic Places under the National Historic
                    Preservation Act that are also subject to the Architectural
                    Barriers Act.  UFAS does not contain provisions applicable to
                    buildings and facilities that are designated as "historic" under
                    State or local law.  (Under title II, the UFAS provisions may be
                    applied to any building that is eligible for listing on the
                    National Register of Historic Places, regardless of whether it is
                    also subject to the Architectural Barriers Act.)  ({4.1.7).

     2)   Residential facilities/transient lodging

          ADAAG:

          `    Hotels, motels, dormitories, and other similar establishments:  Four
               percent of the first 100 rooms and approximately two percent of rooms
               in excess of 100 must be accessible to both persons with hearing
               impairments (i.e., contain visual alarms, visual notification devices,
               volume-control telephones, and an accessible electrical outlet for a
               text telephone) and to persons with mobility impairments.  Moreover, a
               similar percentage of additional rooms must be accessible to persons
               with hearing impairments.  In addition, where there are more than 50
               rooms, approximately one percent of rooms must be accessible rooms
               with a special roll-in/transfer shower.  There are special provisions
               for alterations ({{9.1-9.4).

          `    Homeless shelters, halfway houses, and similar social service
               establishments:  Homeless shelters and other social service entities
               must provide the same percentage of accessible sleeping accommodations
               as above.  At least one type of amenity in each common area must be
               accessible.  Alterations are subject to less stringent standards ({9.5).

          UFAS:     Contains requirements for residential occupancies with technical
                    requirements for "dwelling units."  No requirements for sleeping
                    rooms for individuals with hearing impairments.  No requirements
                    for roll-in showers as in ADAAG.  No standards for alterations
                    ({{4.1.4(11); 4.34).

     3)   Restaurants

          ADAAG:    In restaurants, generally all dining areas and five percent of
                    fixed tables (but not less than one) must be accessible.  While
                    raised or sunken dining areas must be accessible, inaccessible
                    mezzanines are permitted under certain conditions.  Contains
                    requirements for counters and bars, access aisles, food service
                    lines, tableware and condiment areas, raised speaker's platforms,
                    and vending machine areas (but not controls).  Contains some less
                    stringent requirements for alterations ({5).

          UFAS:     Less detailed requirements.  Does not address counters and bars. 
                    Raised platforms are allowed if same service and decor are
                    provided.  Vending machines and controls are covered.  No
                    special, less stringent requirements for alterations ({5).

     4)   Medical or health care facilities

          ADAAG:    In medical care facilities, all public and common use areas must
                    be accessible.  In general purpose hospitals and in psychiatric
                    and detoxification facilities, ten percent of patient bedrooms
                    and toilets must be accessible.  The required percentage is 100
                    percent for special facilities treating conditions that affect
                    mobility, and 50 percent for long-term care facilities and
                    nursing homes.  Uses terms clarified by the Department of Health
                    and Human Services to describe types of facilities.  Some
                    descriptive information was added.  Contains special, less
                    stringent requirements for alterations ({6).

          UFAS:     Uses different terms to describe types of facilities.  Required
                    clearances in rooms exceed ADAAG requirements.  No special, less
                    stringent requirements for alterations ({6).

     5)   Mercantile

          ADAAG:

               Counters:

               `    At least one of each type of sales or service counter where a
                    cash register is located must be accessible.  Accessible counters
                    must be dispersed throughout the facility.  Auxiliary counters
                    are permissible in alterations ({7.2(1)).

               `    At counters without cash registers, such as bank teller windows
                    and ticketing counters, three alternatives are possible: (1) a
                    portion of the counter may be lowered, (2) an auxiliary counter
                    may be provided, or (3) equivalent facilitation may be provided
                    by installing a folding shelf on the front of a counter to
                    provide a work surface for a person using a wheelchair ({7.2(2)).

               Check-out aisles:

               `    At least one of each design of check-out aisle must be
                    accessible, and, in many cases, additional check-out aisles are
                    required to be accessible (i.e., from 20 to 40 percent) depending
                    on the number of check-out aisles and the size of the facility. 
                    There are less stringent standards for alterations ({7.3).

          UFAS:     Much less detail.  At service counters, must provide an
                    accessible portion of the counter or a nearby accessible counter. 
                    At least one check-out aisle must be accessible ({7).

     6)   Jails and prisons

          ADAAG:    No scoping requirements indicating how many cells need to be
                    accessible.

          UFAS:     Five percent of residential units in jails, prisons,
                    reformatories, and other detention or correctional facilities
                    must be accessible ({4.1.4(9)(c)).

II-6.4000  Leased buildings.  Public entities are encouraged, but not required, to
lease accessible space.  The availability of accessible private commercial space will
steadily increase over time as the title III requirements for new construction and
alterations take effect.  Although a public entity is not required to lease
accessible space, once it occupies a facility, it must provide access to all of the
programs conducted in that space (see II-5.0000).  Thus, the more accessible the
space is to begin with, the easier and less costly it will be later on to make
programs available to individuals with disabilities and to provide reasonable
accommodations for employees who may need them.

II-6.5000  Alterations to historic properties.  Alterations to historic properties
must comply with the specific provisions governing historic properties in ADAAG or
UFAS, to the maximum extent feasible.  Under those provisions, alterations should be
done in full compliance with the alterations standards for other types of buildings. 
However, if following the usual standards would threaten or destroy the historic
significance of a feature of the building, alternative standards may be used.  The
decision to use alternative standards for that feature must be made in consultation
with the appropriate historic advisory board designated in ADAAG or UFAS, and
interested persons should be invited to participate in the decisionmaking process.

     What are "historic properties?"  These are properties listed or eligible for
listing in the National Register of Historic Places, or properties designated as
historic under State or local law.

     What are the alternative requirements?  The alternative requirements for
historic buildings or facilities provide a minimal level of access.  For example --

     1)   An accessible route is only required from one site access point (such as
the parking lot).

     2)   A ramp may be steeper than is ordinarily permitted.

     3)   The accessible entrance does not need to be the one used by the general
public.

     4)   Only one accessible toilet is required and it may be unisex.  

     5)   Accessible routes are only required on the level of the accessible
entrance.

     But what if complying with even these minimal alternative requirements will
threaten or destroy the historic significance?  In such a case, which is rare, the
public entity need not make the structural changes required by UFAS or ADAAG.  But,
if structural modifications that comply with UFAS or ADAAG cannot be undertaken, the
Department's regulation requires that "program accessibility" be provided.

          ILLUSTRATION:  A town owns a one-story historic house and decides to make
          certain alterations in it so that the house can be used as a museum.  The
          town architect concludes that most of the normal standards for alterations
          can be applied during the renovation process without threatening or
          destroying historic features.  There appears, however, to be a problem if
          one of the interior doors is widened, because historic decorative features
          on the door might be destroyed.  The town architect consults the standards
          and determines that the appropriate historic body with jurisdiction over
          the particular historic home is the State Historic Preservation Officer. 
          The architect then sets up a meeting with that officer, to which the local
          disability group and the designated title II coordinator are invited.

          At the meeting the participants agree with the town architect's conclusion
          that the normal alterations standards cannot be applied to the interior
          door.  They then review the special alternative requirements, which require
          an accessible route throughout the level of the accessible entrance.  The
          meeting participants determine that application of the alternative minimal
          requirements is likewise not possible.

          In this situation, the town is not required to widen the interior door. 
          Instead, the town provides access to the program offered in that room by
          making available a video presentation of the items within the inaccessible
          room.  The video can be viewed in a nearby accessible room in the museum.

II-6.6000  Curb ramps.   When streets, roads, or highways are newly built or altered,
they must have ramps or sloped areas wherever there are curbs or other barriers to
entry from a sidewalk or path.  Likewise, when new sidewalks or paths are built or
are altered, they must contain curb ramps or sloped areas wherever they intersect
with streets, roads, or highways.
II-7.0000  COMMUNICATIONS

Regulatory references:  28 CFR 35.160-35.164.

II-7.1000  Equally effective communication.  A public entity must ensure that its
communications with individuals with disabilities are as effective as communications
with others.  This obligation, however, does not require a public entity to take any
action that it can demonstrate would result in a fundamental alteration in the nature
of its services, programs, or activities, or in undue financial and administrative
burdens.

     In order to provide equal access, a public accommodation is required to make
available appropriate auxiliary aids and services where necessary to ensure effective
communication.

     What are auxiliary aids and services?  Auxiliary aids and services include a
wide range of services and devices that promote effective communication.

     Examples of auxiliary aids and services for individuals who are deaf or hard of
hearing include qualified interpreters, notetakers, computer-aided transcription
services, written materials, telephone handset amplifiers, assistive listening
systems, telephones compatible with hearing aids, closed caption decoders, open and
closed captioning, telecommunications devices for deaf persons (TDD's), videotext
displays, and exchange of written notes.

     Examples for individuals with vision impairments include qualified readers,
taped texts, audio recordings, Brailled materials, large print materials, and
assistance in locating items.

     Examples for individuals with speech impairments include TDD's, computer
terminals, speech synthesizers, and communication boards.

     The type of auxiliary aid or service necessary to ensure effective communication
will vary in accordance with the length and complexity of the communication involved.

          ILLUSTRATION 1:  Some individuals who have difficulty communicating because
          of a speech impairment can be understood if individuals dealing with them
          merely listen carefully and take the extra time that is necessary.

          ILLUSTRATION 2:  For individuals with vision impairments, employees can
          provide oral directions or read written instructions.  In many simple
          transactions, such as paying bills or filing applications, communications
          provided through such simple methods will be as effective as the
          communications provided to other individuals in similar transactions.    

     Many transactions with public entities, however, involve more complex or
extensive communications than can be provided through such simple methods.  Sign
language or oral interpreters, for example, may be required when the information
being communicated in a transaction with a deaf individual is complex, or is
exchanged for a lengthy period of time.  Factors to be considered in determining
whether an interpreter is required include the context in which the communication is
taking place, the number of people involved, and the importance of the communication.

          ILLUSTRATION 1:  A municipal hospital emergency room must be able to
          communicate with patients about symptoms and patients must be able to
          understand information provided about their conditions and treatment.  In
          this situation, an interpreter is likely to be necessary for communications
          with individuals who are deaf.

          ILLUSTRATION 2:  Because of the importance of effective communication in
          State and local court proceedings, special attention must be given to the
          communications needs of individuals with disabilities involved in such
          proceedings.  Qualified interpreters will usually be necessary to ensure
          effective communication with parties, jurors, and witnesses who have
          hearing impairments and use sign language.  For individuals with hearing
          impairments who do not use sign language, other types of auxiliary aids or
          services, such as assistive listening devices or computer-assisted
          transcription services, which allow virtually instantaneous transcripts of
          courtroom argument and testimony to appear on displays, may be required.  

     Must public service announcements or other television programming produced by
public entities be captioned?  Audio portions of television and videotape programming
produced by public entities are subject to the requirement to provide equally
effective communication for individuals with hearing impairments.  Closed captioning
of such programs is sufficient to meet this requirement.  

     Must tax bills from public entities be available in Braille and/or large print? 
What about other documents?  Tax bills and other written communications provided by
public entities are subject to the requirement for effective communication.  Thus,
where a public entity provides information in written form, it must, when requested,
make that information available to individuals with vision impairments in a form that
is usable by them.  "Large print" versions of written documents may be produced on a
copier with enlargement capacities.  Brailled versions of documents produced by
computers may be produced with a Braille printer, or audio tapes may be provided for
individuals who are unable to read large print or do not use Braille.

II-7.1100  Primary consideration.  When an auxiliary aid or service is required, the
public entity must provide an opportunity for individuals with disabilities to
request the auxiliary aids and services of their choice and must give primary
consideration to the choice expressed by the individual.  "Primary consideration"
means that the public entity must honor the choice, unless it can demonstrate that
another equally effective means of communication is available, or that use of the
means chosen would result in a fundamental alteration in the service, program, or
activity or in undue financial and administrative burdens.

     It is important to consult with the individual to determine the most appropriate
auxiliary aid or service, because the individual with a disability is most familiar
with his or her disability and is in the best position to determine what type of aid
or service will be effective.  Some individuals who were deaf at birth or who lost
their hearing before acquiring language, for example, use sign language as their
primary form of communication and may be uncomfortable or not proficient with written
English, making use of a notepad an ineffective means of communication. 
 
     Individuals who lose their hearing later in life, on the other hand, may not be
familiar with sign language and can communicate effectively through writing.  For
these individuals, use of a word processor with a videotext display may provide
effective communication in transactions that are long or complex, and computer-
assisted simultaneous transcription may be necessary in courtroom proceedings. 
Individuals with less severe hearing impairments are often able to communicate most
effectively with voice amplification provided by an assistive listening device. 

     For individuals with vision impairments, appropriate auxiliary aids include
readers, audio recordings, Brailled materials, and large print materials.  Brailled
materials, however, are ineffective for many individuals with vision impairments who
do not read Braille, just as large print materials would be ineffective for
individuals with severely impaired vision who rely on Braille or on audio
communications.  Thus, the requirement for consultation and primary consideration to
the individual's expressed choice applies to information provided in visual formats
as well as to aurally communicated information.

II-7.1200  Qualified interpreter.  There are a number of sign language systems in use
by individuals who use sign language.  (The most common systems of sign language are
American Sign Language and signed English.)  Individuals who use a particular system
may not communicate effectively through an interpreter who uses a different system. 
When an interpreter is required, therefore, the public entity should provide a
qualified interpreter, that is, an interpreter who is able to sign to the individual
who is deaf what is being said by the hearing person and who can voice to the hearing
person what is being signed by the individual who is deaf.  This communication must
be conveyed effectively, accurately, and impartially, through the use of any
necessary specialized vocabulary.  

     May friends or relatives be asked to interpret?  Often, friends or relatives of
the individual can provide interpreting services, but the public entity may not
require the individual to provide his or her own interpreter, because it is the
responsibility of the public entity to provide a qualified interpreter.  Also, in
many situations, requiring a friend or family member to interpret may not be
appropriate, because his or her presence at the transaction may violate the
individual's right to confidentiality, or because the friend or family member may
have an interest in the transaction that is different from that of the individual
involved.  The obligation to provide "impartial" interpreting services requires that,
upon request, the public entity provide an interpreter who does not have a personal
relationship to the individual with a disability.

     Are certified interpreters considered to be more qualified than interpreters
without certification?  Certification is not required in order for an interpreter to
be considered to have the skills necessary to facilitate communication.  Regardless
of the professionalism or skills that a certified interpreter may possess, that
particular individual may not feel comfortable or possess the proper vocabulary
necessary for interpreting for a computer class, for example.  Another equally
skilled, but noncertified interpreter might have the necessary vocabulary, thus
making the noncertified person the qualified interpreter for that particular
situation.

     Can a public entity use a staff member who signs "pretty well" as an interpreter
for meetings with individuals who use sign language to communicate?  Signing and
interpreting are not the same thing.  Being able to sign does not mean that a person
can process spoken communication into the proper signs, nor does it mean that he or
she possesses the proper skills to observe someone signing and change their signed or
fingerspelled communication into spoken words.  The interpreter must be able to
interpret both receptively and expressively.  

II-7.2000  Telephone communications.  Public entities that communicate by telephone
must provide equally effective communication to individuals with disabilities,
including hearing and speech impairments.  If telephone relay services, such as those
required by title IV of the ADA, are available, these services generally may be used
to meet this requirement.

     Relay services involve a relay operator who uses both a standard telephone and a
TDD to type the voice messages to the TDD user and read the TDD messages to the
standard telephone user.  Where such services are available, public employees must be
instructed to accept and handle relayed calls in the normal course of business.

II-7.3000  Emergency telephone services

II-7.3100  General.  Many public entities provide telephone emergency services by
which individuals can seek immediate assistance from police, fire, ambulance, and
other emergency services.  These telephone emergency services--including "911"
services--are clearly an important public service whose reliability can be a matter
of life or death.  Public entities must ensure that these services, including 911
services, are accessible to persons with impaired hearing and speech.

     State and local agencies that provide emergency telephone services must provide
"direct access" to individuals who rely on a TDD or computer modem for telephone
communication.  Telephone access through a third party or through a relay service
does not satisfy the requirement for direct access.  (However, if an individual
places a call to the emergency service through a relay service, the emergency service
should accept the call rather than require the caller to hang up and call the
emergency service directly without using the relay.)  A public entity may, however,
operate its own relay service within its emergency system, provided that the services
for nonvoice calls are as effective as those provided for voice calls.

     What emergency telephone services are covered by title II?  The term "telephone
emergency services" applies to basic emergency services -- police, fire, and
ambulance -- that are provided by public entities, including 911 (or, in some cases,
seven-digit) systems.  Direct access must be provided to all services included in the
system, including services such as emergency poison control information.  Emergency
services that are not provided by public entities are not subject to the requirement
for "direct access."

     What is "direct access?  "Direct access" means that emergency telephone services
can directly receive calls from TDD's and computer modem users without relying on
outside relay services or third party services.  

     Does title II require that telephone emergency service systems be compatible
with all formats used for nonvoice communications?  No.  At present, telephone
emergency services must only be compatible with the Baudot format.  Until it can be
technically proven that communications in another format can operate in a reliable
and compatible manner in a given telephone emergency environment, a public entity
would not be required to provide direct access to computer modems using formats other
than Baudot.

     Are any additional dialing or space bar requirements permissible for 911
systems?  No.  Additional dialing or space bar requirements are not permitted. 
Operators should be trained to recognize incoming TDD signals and respond
appropriately.  In addition, they also must be trained to recognize that "silent"
calls may be TDD or computer modem calls and to respond appropriately to such calls
as well.

II-7.3200  911 lines.  Where a 911 telephone line is available, a separate seven-
digit telephone line must not be substituted as the sole means for nonvoice users to
access 911 services.  A public entity may, however, provide a separate seven-digit
line for use exclusively by nonvoice calls in addition to providing direct access for
such calls to the 911 line.  Where such a separate line is provided, callers using
TDD's or computer modems would have the option of calling either 911 or the seven-
digit number.

II-7.3300  Seven-digit lines.  Where a 911 line is not available and the public
entity provides emergency services through a seven-digit number, it may provide two
separate lines -- one for voice calls, and another for nonvoice calls -- rather than
providing direct access for nonvoice calls to the line used for voice calls, provided
that the services for nonvoice calls are as effective as those offered for voice
calls in terms of time response and availability in hours.  Also, the public entity
must ensure that the nonvoice number is publicized as effectively as the voice
number, and is displayed as prominently as the voice number wherever the emergency
numbers are listed.

II-7.3400  Voice amplification.  Public entities are encouraged, but not required, to
provide voice amplification for the operator's voice.  In an emergency, a person who
has a hearing loss may be using a telephone that does not have an amplification
device.  Installation of speech amplification devices on the handsets of operators
would be one way to respond to this situation.
II-8.0000  ADMINISTRATIVE REQUIREMENTS  

Regulatory references:  28 CFR 35.105-35.107; 35.150(c) and (d).

II-8.1000  General.  Title II requires that public entities take several steps
designed to achieve compliance.  These include the preparation of a self-evaluation. 
In addition, public entities with 50 or more employees are required to --

     1)   Develop a grievance procedure;

     2)   Designate an individual to oversee title II compliance;

     3)   Develop a transition plan if structural changes are necessary for achieving
program accessibility; and

     4)   Retain the self-evaluation for three years.

     How does a public entity determine whether it has "50 or more employees"? 
Determining the number of employees will be based on a governmentwide total of
employees, rather than by counting the number of employees of a subunit, department,
or division of the local government.  Part-time employees are included in the
determination.

          ILLUSTRATION:  Town X has 55 employees (including 20 part-time employees). 
          Its police department has 10 employees, and its fire department has eight
          employees.  The police and fire department are subject to title II's
          administrative requirements applicable to public entities with 50 or more
          employees because Town X, as a whole, has 50 or more employees.

     Because all States have at least 50 employees, all State departments, agencies,
and other divisional units are subject to title II's administrative requirements
applicable to public entities with 50 or more employees.

II-8.2000  Self-evaluation.  All public entities subject to title II of the ADA must
complete a self-evaluation by January 26, 1993 (one year from the effective date of
the Department's regulation).

     Does the fact that a public entity has not completed its self-evaluation until
January 26, 1993, excuse interim compliance?  No.  A public entity is required to
comply with the requirements of title II on January 26, 1992, whether or not it has
completed its self-evaluation.

     Which public entities must retain a copy of the self-evaluation?  A public
entity that employs 50 or more employees must retain its self-evaluation for three
years.  Other public entities are not required to retain their self-evaluations but
are encouraged to do so because these documents evidence a public entity's good faith
efforts to comply with title II's requirements.

     What if a public entity already did a self-evaluation as part of its obligations
under section 504 of the Rehabilitation Act of 1973?  The title II self-evaluation
requirement applies only to those policies and practices that previously had not been
included in a self-evaluation required by section 504.  Because most section 504
self-evaluations were done many years ago, however, the Department expects that many
public entities will re-examine all their policies and practices.  Programs and
functions may have changed significantly since the section 504 self-evaluation was
completed.  Actions that were taken to comply with section 504 may not have been
implemented fully or may no longer be effective.  In addition, section 504's coverage
has been changed by statutory amendment, particularly the Civil Rights Restoration
Act of 1987, which expanded the definition of a covered "program or activity." 
Therefore, public entities should ensure that all programs, activities, and services
are examined fully, except where there is evidence that all policies were previously
scrutinized under section 504.

     What should a self-evaluation contain?  A self-evaluation is a public entity's
assessment of its current policies and practices.  The self-evaluation identifies and
corrects those policies and practices that are inconsistent with title II's
requirements.  As part of the self-evaluation, a public entity should:

     1)   Identify all of the public entity's programs, activities, and services; and

     2)   Review all the policies and practices that govern the administration of the
public entity's programs, activities, and services.

Normally, a public entity's policies and practices are reflected in its laws,
ordinances, regulations, administrative manuals or guides, policy directives, and
memoranda.  Other practices, however, may not be recorded and may be based on local
custom.

     Once a public entity has identified its policies and practices, it should
analyze whether these policies and practices  adversely affect the full participation
of individuals with disabilities in its programs, activities, and services.  In this
regard, a public entity should be mindful that although its policies and practices
may appear harmless, they may result in denying individuals with disabilities the
full participation of its programs, activities, or services.     Areas that need
careful examination include the following:

     1)   A public entity must examine each program to determine whether any physical
barriers to access exist.  It should identify steps that need to be taken to enable
these programs to be made accessible when viewed in their entirety.  If structural
changes are necessary, they should be included in the transition plan (see II-
8.3000).

     2)   A public entity must review its policies and practices to determine whether
any exclude or limit the participation of individuals with disabilities in its
programs, activities, or services.  Such policies or practices must be modified,
unless they are necessary for the operation or provision of the program, service, or
activity.  The self-evaluation should identify policy modifications to be implemented
and include complete justifications for any exclusionary or limiting policies or
practices that will not be modified.

     3)   A public entity should review its policies to ensure that it communicates
with applicants, participants, and members of the public with disabilities in a
manner that is as effective as its communications with others.  If a public entity
communicates with applicants and beneficiaries by telephone, it should ensure that
TDD's or equally effective telecommunication systems are used to communicate with
individuals with impaired hearing or speech.  Finally, if a public entity provides
telephone emergency services, it should review its policies to ensure direct access
to individuals who use TDD's and computer modems.

     4)   A public entity should review its policies to ensure that they include
provisions for readers for individuals with visual impairments; interpreters or other
alternative communication measures, as appropriate, for individuals with hearing
impairments; and amanuenses for individuals with manual impairments.  A method for
securing these services should be developed, including guidance on when and where
these services will be provided.  Where equipment is used as part of a public
entity's program, activity, or service, an assessment should be made to ensure that
the equipment is usable by individuals with disabilities, particularly individuals
with hearing, visual, and manual impairments.  In addition, a public entity should
have policies that ensure that its equipment is maintained in operable working order.

     5)   A review should be made of the procedures to evacuate individuals with
disabilities during an emergency.  This may require the installation of visual and
audible warning signals and special procedures for assisting individuals with
disabilities from a facility during an emergency.

     6)   A review should be conducted of a public entity's written and audio-visual
materials to ensure that individuals with disabilities are not portrayed in an
offensive or demeaning manner.

     7)   If a public entity operates historic preservation programs, it should
review its policies to ensure that it gives priority to methods that provide physical
access to individuals with disabilities.

     8)   A public entity should review its policies to ensure that its decisions
concerning a fundamental alteration in the nature of a program, activity, or service,
or a decision that an undue financial and administrative burden will be imposed by
title II, are made properly and expeditiously.

     9)   A public entity should review its policies and procedures to ensure that
individuals with mobility impairments are provided access to public meetings.

     10)  A public entity should review its employment practices to ensure that they
comply with other applicable nondiscrimination requirements, including section 504 of
the Rehabilitation Act and the ADA regulation issued by the Equal Employment
Opportunity Commission.

     11)  A public entity should review its building and construction policies to
ensure that the construction of each new facility or part of a facility, or the
alteration of existing facilities after January 26, 1992, conforms to the standards
designated under the title II regulation.

     12)  A review should be made to ascertain whether measures have been taken to
ensure that employees of a public entity are familiar with the policies and practices
for the full participation of individuals with disabilities.  If appropriate,
training should be provided to employees.

     13)  If a public entity limits or denies participation in its programs,
activities, or services based on drug usage, it should make sure that such policies
do not discriminate against former drug users, as opposed to individuals who are
currently engaged in illegal use of drugs.

     If a public entity identifies policies and practices that deny or limit the
participation of individuals with disabilities in its programs, activities, and
services, when should it make changes?  Once a public entity has identified policies
and practices that deny or limit the participation of individuals with disabilities
in its programs, activities, and services, it should take immediate remedial action
to eliminate the impediments to full and equivalent participation.  Structural
modifications that are required for program accessibility should be made as
expeditiously as possible but no later than July 26, 1995.

     Is there a requirement for public hearings on a public entity's self-evaluation? 
No, but public entities are required to accept comments from the public on the self-
evaluation and are strongly encouraged to consult with individuals with disabilities
and organizations that represent them to assist in the self-evaluation process.  Many
individuals with disabilities have unique perspectives on a public entity's programs,
activities, and services.  For example, individuals with mobility impairments can
readily identify barriers preventing their full enjoyment of the public entity's
programs, activities, and services.  Similarly, individuals with hearing impairments
can identify the communication barriers that hamper participation in a public
entity's programs, activities, and services.

II-8.3000  Transition plan.  Where structural modifications are required to achieve
program accessibility, a public entity with 50 or more employees must do a transition
plan by July 26, 1992, that provides for the removal of these barriers.  Any
structural modifications must be completed as expeditiously as possible, but, in any
event, by July 26, 1995.

     What if a public entity has already done a transition plan under section 504 of
the Rehabilitation Act of 1973?  If a public entity previously completed a section
504 transition plan, then, at a minimum, a title II transition plan must cover those
barriers to accessibility that were not addressed by its prior transition plan. 
Although not required, it may be simpler to include all of a public entity's
operations in its transition plan rather than identifying and excluding those
barriers that were addressed in its previous plan.  

     Must the transition plan be made available to the public?  If a public entity
has 50 or more employees, a copy of the transition plan must be made available for
public inspection.

     What are the elements of an acceptable transition plan?  A transition plan
should contain at a minimum --

     1)   A list of the physical barriers in a public entity's facilities that limit
the accessibility of its programs, activities, or services to individuals with
disabilities;

     2)   A detailed outline of the methods to be utilized to remove these barriers
and make the facilities accessible; 

     3)   The schedule for taking the necessary steps to achieve compliance with
title II.  If the time period for achieving compliance is longer than one year, the
plan should identify the interim steps that will be taken during each year of the
transition period; and,

     4)   The name of the official responsible for the plan's implementation.

II-8.4000  Notice to the public.  A public entity must provide information on title
II's requirements to applicants, participants, beneficiaries, and other interested
persons.  The notice shall explain title II's applicability to the public entity's
services, programs, or activities.  A public entity shall provide such information as
the head of the public entity determines to be necessary to apprise individuals of
title II's prohibitions against discrimination.

     What methods can be used to provide this information?  Methods include the
publication of information in handbooks, manuals, and pamphlets that are distributed
to the public to describe a public entity's programs and activities; the display of
informative posters in service centers and other public places; or the broadcast of
information by television or radio.  In providing the notice, a public entity must
comply with the title II requirements for effective communication, including
alternate formats, as appropriate.

II-8.5000  Designation of responsible employee and development of a grievance
procedures.  A public entity that employs 50 or more persons shall designate at least
one employee to coordinate its efforts to comply with and fulfill its
responsibilities under title II, including the investigation of complaints.  A public
entity shall make available the name, office address, and telephone number of any
designated employee.

     In addition, the public entity must adopt and publish grievance procedures
providing for prompt and equitable resolution of complaints alleging any action that
would be prohibited by title II.
II-9.0000  INVESTIGATION OF COMPLAINTS AND ENFORCEMENT  

Regulatory references:  28 CFR 35.170-35.190.

II-9.1000  General.  Individuals wishing to file title II complaints may either
file --

     1)   An administrative complaint with an appropriate Federal agency; or

     2)   A lawsuit in Federal district court. 

If an individual files an administrative complaint, an appropriate Federal agency
will investigate the allegations of discrimination.  Should the agency conclude that
the public entity violated title II, it will attempt to negotiate a settlement with
the public entity to remedy the violations.  If settlement efforts fail, the matter
will be referred to the Department of Justice for a decision whether to institute
litigation.

     How does title II relate to section 504?  Many public entities are subject to
section 504 of the Rehabilitation Act as well as title II.  Section 504 covers those
public entities operating programs or activities that receive Federal financial
assistance.  Title II does not displace any existing section 504 jurisdiction.

     The substantive standards adopted for title II are generally the same as those
required under section 504 for federally assisted programs.  In those situations
where title II provides greater protection of the rights of individuals with
disabilities, however, the funding agencies will also apply the substantive
requirements established under title II in processing complaints covered by both
title II and section 504.

     Individuals may continue to file discrimination complaints against recipients of
Federal financial assistance with the agencies that provide that assistance, and the
funding agencies will continue to process those complaints under their existing
procedures for enforcing section 504.  The funding agencies will be enforcing both
title II and section 504, however, for recipients that are also public entities.

II-9.2000  Complaints.  A person or a specific class of individuals or their
representative may file a complaint alleging discrimination on the basis of
disability.

     What must be included in a complaint?  First, a complaint must be in writing. 
Second, it should contain the name and address of the individual or the
representative filing the complaint.  Third, the complaint should describe the public
entity's alleged discriminatory action in sufficient detail to inform the Federal
agency of the nature and date of the alleged violation.  Fourth, the complaint must
be signed by the complainant or by someone authorized to do so on his or her behalf. 
Finally, complaints filed on behalf of classes or third parties shall describe or
identify (by name, if possible) the alleged victims of discrimination.

     Is there a time period in which a complaint must be filed?  Yes.  A complaint
must be filed within 180 days of the date of the alleged act(s) of discrimination,
unless the time for filing is extended by the Federal agency for good cause.  As long
as the complaint is filed with any Federal agency, the 180-day requirement will be
considered satisfied.

     Where should a complaint be filed?  A complaint may be filed with either --

     1)   Any Federal agency that provides funding to the public entity that is the
subject of the complaint;

     2)   A Federal agency designated in the title II regulation to investigate title
II complaints; or 

     3)   The Department of Justice.

     Complainants may file with a Federal funding agency that has section 504
jurisdiction, if known.  If no Federal funding agency is known, then complainants
should file with the appropriate designated agency.  In any event, complaints may
always be filed with the Department of Justice, which will refer the complaint to the
appropriate agency.  The Department's regulation designates eight Federal agencies to
investigate title II complaints primarily in those cases where there is no Federal
agency with section 504 jurisdiction.

     How will employment complaints be handled?  Individuals who believe that they
have been discriminated against in employment by a State or local government in
violation of title II may file a complaint --

     1)   With a Federal agency that provides financial assistance, if any, to the
State or local program in which the alleged discrimination took place; or

     2)   With the EEOC, if the State or local government is also subject to title I
of the ADA (see II-4.0000); or

     3)   With the Federal agency designated in the title II regulation to
investigate complaints in the type of program in which the alleged discrimination
took place.

     As is the case with complaints related to nonemployment issues, employment
complaints may be filed with the Department of Justice, which will refer the
complaint to the appropriate agency.

     Which are the designated Federal agencies and what are their areas of
responsibility?  The eight designated Federal agencies, the functional areas covered
by these agencies, and the addresses for filing a complaint are the --

     1)   Department of Agriculture:  All programs, services, and regulatory
activities relating to farming and the raising of livestock, including extension
services.  Complaints should be sent to:  Complaints Adjudication Division, Office of
Advocacy and Enterprise, Room 1353 - South Building, Department of Agriculture, 14th
& Independence Avenue, S.W., Washington, D.C. 20250.

     2)   Department of Education:  All programs, services, and regulatory activities
relating to the operation of elementary and secondary education systems and
institutions, institutions of higher education and vocational education (other than
schools of medicine, dentistry, nursing, and other health-related schools), and
libraries.  Complaints should be sent to: Office for Civil Rights, Department of
Education, 330 C Street, S.W., Suite 5000, Washington, D.C. 20202.

     3)   Department of Health and Human Services:  All programs, services, and
regulatory activities relating to the provision of health care and social services,
including schools of medicine, dentistry, nursing, and other health-related schools,
the operation of health care and social service providers and institutions, including
"grass-roots" and community services organizations and programs, and preschool and
day care programs.
Complaints should be sent to: Office for Civil Rights, Department of Health & Human
Services, 330 Independence Avenue, S.W., Washington, D.C. 20201.

     4)   Department of Housing and Urban Development:  All programs, services, and
regulatory activities relating to State and local public housing, and housing
assistance and referral.
Complaints should be sent to:  Assistant Secretary for Fair Housing and Equal
Opportunity, Department of Housing and Urban Development, 451 7th Street, S.W., Room
5100, Washington, D.C.  20410.

     5)   Department of the Interior:  All programs, services, and regulatory
activities relating to lands and natural resources, including parks and recreation,
water and waste management, environmental protection, energy, historic and cultural
preservation, and museums.  Complaints should be sent to:  Office for Equal
Opportunity, Office of the Secretary, Department of the Interior, 18th & C Streets,
N.W., Washington, D.C. 20547.

     6)   Department of Justice:  All programs, services, and regulatory activities
relating to law enforcement, public safety, and the administration of justice,
including courts and correctional institutions; commerce and industry, including
general economic development, banking and finance, consumer protection, insurance,
and small business; planning, development, and regulation (unless assigned to other
designated agencies); State and local government support services (e.g., audit,
personnel, comptroller, administrative services); all other government functions not
assigned to other designated agencies.
Complaints should be sent to:  Coordination and Review Section, P.O. Box 66118, Civil
Rights Division, U.S. Department of Justice, Washington, D.C. 20035-6118.

     7)   Department of Labor:  All programs, services, and regulatory activities
relating to labor and the work force.
Complaints should be sent to: Directorate of Civil Rights, Department of Labor, 200
Constitution Avenue, N.W., Room N-4123, Washington, D.C. 20210.

     8)   Department of Transportation:  All programs, services, and regulatory
activities relating to transportation, including highways, public transportation,
traffic management (non-law enforcement), automobile licensing and inspection, and
driver licensing.  Complaints should be sent to:  Office for Civil Rights, Office of
the Secretary, Department of Transportation, 400 Seventh Street, S.W., Room 10215,
Washington, D.C. 20590.

     Where should a complaint be filed if more than one designated agency has
responsibility for a complaint because it concerns more than one department or agency
of a public entity?  Complaints involving more than one area should be filed with the
Department of Justice. If two or more agencies have apparent responsibility for a
complaint, the Assistant Attorney General for Civil Rights of the Department of
Justice shall determine which one of the agencies shall be the designated agency for
purposes of that complaint.  Complaints involving more than one area of a public
entity should be sent to:  Coordination and Review Section, Civil Rights Division,
U.S. Department of Justice, P.O. Box 66118, Washington, D.C. 20035-6118.

     How will complaints be resolved?  The Federal agency processing the complaint
will resolve the complaint through informal means or issue a detailed letter
containing findings of fact and conclusions of law and, where appropriate, a
description of the actions necessary to remedy each violation.  Where voluntary
compliance cannot be achieved, the complaint may be referred to the Department of
Justice for enforcement.  In cases where there is Federal funding, fund termination
is also an enforcement option.

     If a public entity has a grievance procedure, must an individual use that
procedure before filing a complaint with a Federal agency or a court?  No. 
Exhaustion of a public entity's grievance procedure is not a prerequisite to filing a
complaint with either a Federal agency or a court.

     Must the complainant file a complaint with a Federal agency prior to filing an
action in court?  No.  The ADA does not require complainants to exhaust
administrative remedies prior to instituting litigation.  

     Are attorneys fees available?  Yes.  The prevailing party (other than the United
States) in any action or administrative proceeding under the Act may recover
attorney's fees in addition to any other relief granted.  The "prevailing party" is
the party that is successful and may be either the complainant (plaintiff) or the
covered entity against which the action is brought (defendant).  The defendant,
however, may not recover attorney's fees unless the court finds that the plaintiff's
action was frivolous, unreasonable, or without foundation, although it does not have
to find that the action was brought in subjective bad faith.  Attorney's fees include
litigation expenses, such as expert witness fees, travel expenses, and costs.  The
United States is liable for attorney's fees in the same manner as any other party,
but is not entitled to them when it is the prevailing party.

     Is a State immune from suit under the ADA?  No.  A State is not immune from an
action in Federal court for violations of the ADA.