Title II and Section 504

Title II deals with State and local governments. This law protects people with disabilities from discrimination on the basis of disability in services, programs, and activities at the State and local government levels.

Under Title II of the ADA people with disabilities must have an equal opportunity to participate in and benefit from state and local governments’ programs, services, and activities. Applying for a business license, using a town playground, participating in a county fair, registering to vote, and attending a public university are some of public entities’ programs, services and activities covered by the ADA.

This might be confusing when determining if an organization is in fact providing a public service when it might have both public and private features. The following is a list to consider when determining if an organization falls under Title II .

  1. Whether the entity is operated with public funds;
  2. Whether the entity’s employees are considered government employees;
  3. Whether the entity receives significant assistance from the government by provision of property or equipment; and
  4. Whether the entity is governed by an independent board selected by members of a private organization or a board elected by the voters or appointed by elected officials.

Follow the link for more information on Who is protected?

The Section 504 regulations require that school systems receiving federal funds provide a free appropriate public education to children with disabilities in accordance with the Section 504 requirements regarding least restrictive setting, evaluation and placement, and procedural safeguards. FAPE under Section 504 means that the education provided to students with disabilities must meet those students’ needs as adequately as the needs of nondisabled students are met. 3

 Reasonable Accommodations

In meeting the responsibilities to students with disabilities under Section 504 and Title II of the ADA, school systems must make accommodations and modifications to address the needs of students with disabilities. Making accommodations and modifications means changing the way things are usually done in order to take into account a child’s disability-related needs. Examples of accommodations and modifications include modifying rules, policies or practices; removing architectural or communication barriers; or providing aids, services, or assistive technology.

An Unreasonable Accommodation

An Accommodation that would be unreasonable would be providing personal aids and services. This would include things like individually prescribed devices, readers for personal use, or any other devices or services of a personal nature.

A good source of examples can be found here Major Requirements Under the Rehabilitation Act