What Is ADA Title II? The Rules in the Government's Words

The disclaimer, up front. I am not a lawyer. This page provides general information, not legal advice, and reading it does not create an attorney client relationship with anyone. It collects selected excerpts from federal law, Justice Department regulations and ADA.gov explanations, each one copied word for word and linked to its source. The statutes and regulations are the law; the ADA.gov explanations are guidance and do not by themselves create binding duties. The excerpts are not the complete rules. They do not decide whether a particular institution is covered, whether a requested change is legally required, whether a violation occurred, or what remedy is available, and important exceptions and deadlines may appear outside a selected excerpt. Sources were checked October 17, 2026. Read the linked originals and talk to a licensed attorney about your own situation. The U.S. Department of Justice ADA Information Line is 800-514-0301 (voice) and 1-833-610-1264 (TTY).

Title II of the Americans with Disabilities Act is the part of the law that covers state and local governments: cities, counties, police departments, courts, school systems and the agencies they run. It applies whether the government is a small town or a state agency, and nobody needs a lawyer to file a complaint under it. This page puts its main rules in one place, in the government’s own words.

I am a disabled dad. I read all of this the hard way, one rule at a time, after a city told me no. Here it is in one place so you do not have to.

On this page

What Does ADA Title II Say?
Who Does ADA Title II Cover?
Does a City Have to Have an ADA Coordinator?
Does a City Have to Have an ADA Grievance Procedure?
Does a Government Have to Tell People Their ADA Rights?
What Is a Reasonable Modification?
What Is Effective Communication Under the ADA?
What If a Government Says It Is Too Expensive or Too Hard?
Can a Government Retaliate Against Me for an ADA Complaint?
Do Government Websites Have to Be Accessible?
How Do I File an ADA Complaint?

Part 1 of 2 · Part 2

What Does ADA Title II Say?

The core rule, in one sentence.

“no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
Source: 42 U.S.C. 12132 (discrimination prohibited).

“Title II of the ADA requires state/local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities.”
Source: U.S. Department of Justice, ADA.gov, State and Local Governments.

Title II protects a qualified individual with a disability. Under 42 U.S.C. 12131(2), the person must meet the essential eligibility requirements for the government service, with or without reasonable modifications, barrier removal, or auxiliary aids and services.

“The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.”
Source: 28 C.F.R. 35.108 (definition of disability).

Who Does ADA Title II Cover?

Every state and local government, of any size.

“The term “public entity” means— (A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government;”
Source: 42 U.S.C. 12131 (definitions).

That excerpt shows the government categories. The full definition also includes Amtrak and commuter authorities.

“Under Title II, all state/local governments must follow the ADA regardless of their size.”
Source: U.S. Department of Justice, ADA.gov, State and Local Governments.

The Justice Department’s list of covered government programs includes courts, voting and emergency services, along with schools, public transportation, recreation, health care and social services (ADA.gov).

The ADA applies to a government of any size. A few specific duties in the next two sections, the ADA Coordinator and the grievance procedure, apply to governments with 50 or more employees. Fewer than 50 employees does not exempt a government from Title II itself.

Does a City Have to Have an ADA Coordinator?

Governments with 50 or more employees must name one, and publish how to reach them.

“A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.”
Source: 28 C.F.R. 35.107 (responsible employee and grievance procedures).

“Although the law does not require the use of the term “ADA Coordinator,” it is commonly used by state and local governments across the country.”
Source: U.S. Department of Justice, ADA.gov, ADA Update: A Primer for State and Local Governments.

“The Coordinator serves as the point of contact for individuals with disabilities to request auxiliary aids and services, policy modifications, and other accommodations or to file a complaint with the entity;”
Source: U.S. Department of Justice, ADA.gov, ADA Update: A Primer for State and Local Governments.

Does a City Have to Have an ADA Grievance Procedure?

Governments with 50 or more employees must publish one.

“A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.”
Source: 28 C.F.R. 35.107 (responsible employee and grievance procedures).

The federal rule requires a prompt and equitable published process. It does not set one number of days for every government. A government’s own published procedure may set its own steps and timelines.

Does a Government Have to Tell People Their ADA Rights?

Yes. Notice is a duty, not a courtesy.

“A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.”
Source: 28 C.F.R. 35.106 (notice).

What Is a Reasonable Modification?

Policies must be changed when necessary to avoid disability discrimination, unless the change would fundamentally alter the service.

“A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”
Source: 28 C.F.R. 35.130 (general prohibitions against discrimination).

“Make reasonable modifications to policies, practices, and procedures where needed to make sure that a person with a disability can access the state/local government’s programs, services, or activities.”
Source: U.S. Department of Justice, ADA.gov, State and Local Governments.

“A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.”
Source: 28 C.F.R. 35.130 (general prohibitions against discrimination).

That surcharge rule is about the cost of accessibility itself. It is not an automatic waiver of every ordinary fee a state public records law allows.

What Is Effective Communication Under the ADA?

The person with the disability gets primary consideration.

“A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.”
Source: 28 C.F.R. 35.160 (communications).

“In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.”
Source: 28 C.F.R. 35.160 (communications).

“Public entities are required to give primary consideration to the type of auxiliary aid or service requested by the person with the disability. They must honor that choice, unless they can demonstrate that another equally effective means of communication is available or that the aid or service requested would fundamentally alter the nature of the program, service, or activity or would result in undue financial and administrative burdens.”
Source: U.S. Department of Justice, ADA.gov, ADA Update: A Primer for State and Local Governments.

Part 1 of 2 · Part 2

Every Source on This Page

Where a quotation ends with a comma or begins in the middle of a sentence, it is an excerpt of a longer rule; the link opens the full text.

See how these rules have played out in my own record: the City of Brookhaven · Does ADA Title II apply to a State Bar?

ADA Matters welcomes documented corrections. Write to info@adamatters.com with the correct fact and its source.

What Is ADA Title II? The Rules, in the Government’s Own Words