Title II Requirements

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To be in compliance with Title II, state and local governments—

  • May not refuse to allow an individual with a disablity to participate in a service, program, or activity because of the disability.
  • Must provide programs and services in an integrated setting, unless separate or different accommodations are needed for equal opportunity.
  • Must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy programs and services.
  • Are required to make needed modifications to policies, practices, and procedures that deny equal access to individuals with disabilities unless doing so would result in a major change to the program.
  • Must ensure effective communication by furnishing auxiliary aids and services unless doing so would result in an undue burden or change.
  • May provide additional special benefits to individuals with disabilities.
  • May not charge individuals with disabilities to cover the costs of changes needed to ensure nondiscriminatory treatment.
  • Shall operate all programs so that they are readily accessible and usable by individuals with disabilities.

42 U.S.C. § 12132.