ADA Frequently Asked Questions

Category: Title II: State & Local Governments
Question: #22
Are there any limitations on the program accessibility requirement for a State or Local Government?
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. The head of the public entity or his or her designee can only make this determination. 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.
Title I: Employment
Title II: State & Local Governments
Title III: Places of Public Accommodations
Title IV: Telecommunications
Title V: Miscellaneous Provisions

Last Updated on:
Fri Jul 7, 2017