U.S. Department of Justice - ADA Links & Documents

The U.S Department of Justice oversees the ADA Titles II and III.  Thye provide tool kits for state and local governments, primers, FAQs and technical briefs.

Links

U.S. Department of Justice - ADA Homepage

Information and technical assistance on the Americans with Disabilities Act

Technical assistance manual Title II of the Americans with Disabilities Act, which applies to the operations of State and local

US Dept of Justice (1993) (34 pages)

Title II of the Americans with Disabilities Act and Olmstead v. L.C.

To comply with the ADA's integration mandate, public entities must reasonably modify their policies, procedures or practices when necessary to avoid discrimination. The obligation to make reasonable modifications may be excused only where the public entity demonstrates that the requested modifications would "fundamentally alter" its service system.

In the years since the passage of the ADA and the Supreme Court's decision in Olmstead, the ADA's integration mandate has been applied in a wide variety of contexts and has been the subject of substantial litigation. The Department of Justice has created this technical assistance guide to assist individuals in understanding their rights and public entities in understanding their obligations under the ADA and Olmstead. This guide catalogs and explains the positions the Department of Justice has taken in its Olmstead enforcement. It reflects the views of the Department of Justice only. For questions about this guide, you may contact our ADA Information Line, 800-514-0301 (voice), 800-514-0383 (TTY).

ADA UPDATE: A Primer for Small Business

The Department of Justice has revised its regulations implementing the Americans with Disabilities Act (ADA). This rule takes effect on March 15, 2011, clarifies issues that have arisen over the past 20 years, and contains new requirements, including the 2010 Standards for Accessible Design (2010 Standards). This document provides guidance to assist small business owners in understanding how this new regulation applies to them.

ADA Best Practices Tool Kit

On December 5, 2006, February 27, 2007, May 7, 2007, and July 26, 2007, the Civil Rights Division of the U.S. Department of Justice issued installments of a new technical assistance document designed to assist state and local officials to improve compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities, and facilities. The new technical assistance document, which will be released in several installments over the next ten months, is entitled "The ADA Best Practices Tool Kit for State and Local Governments."

The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities. It will also teach state and local officials how to conduct accessibility surveys of their buildings and facilities to identify and remove architectural barriers to access.

Toolkit, ADA Basics: Statutes and Regulations

What does the ADA mean for state and local governments in the delivery of their programs, services, and activities, as well as their employment practices? In the broadest sense, it requires that state and local governments be accessible to people with disabilities.

Accessibility is not just physical access, such as adding a ramp where steps exist. Accessibility is much more, and it requires looking at how programs, services, and activities are delivered. Are there policies or procedures that prevent someone with a disability from participating (such as a rule that says "no animals allowed," which excludes blind people who use guide dogs)? Are there any eligibility requirements that tend to screen out people with disabilities (such as requiring people to show or have a driver's license when driving is not required)?

Toolkit, ADA Coordinator: Notice and Grievance Procedure

In this section, you will learn about the administrative requirements of Title II of the ADA, including the mandates to designate an ADA coordinator, give notice about the ADA's requirements, and establish a grievance procedure

Emergency Management

This checklist is designed for use as a preliminary assessment of your emergency management programs, policies, procedures, and shelter facilities. The goal is to look at your programs, policies, procedures, and shelter facilities to see if there are any potential ADA problems.

General Effective Communication

Providing Equally Effective Communication  - Under Title II of the ADA, all state and local governments are required to take steps to ensure that their communications with people with disabilities are as effective as communications with others.1 This requirement is referred to as "effective communication"2 and it is required except where a state or local government can show that providing effective communication would fundamentally alter the nature of the service or program in question or would result in an undue financial and administrative burden.

Toolkit, Addendum: Title II Checklist

ADA Coordinator, Notice & Grievance Procedure PURPOSE OF THIS CHECKLIST: This checklist is designed for use as an assessment of (1) the requirements and tasks of an ADA Coordinator, (2) the government entity's provision of the ADA notice, and (3) the government entity's ADA grievance procedures.   US Dept of Justice

Toolkit, Curb Ramps and Pedestrian Crossings

Under Project Civic Access (PCA), the Civil Rights Division works with local governments nationwide to help them achieve compliance with Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 (Section 504). This Chapter discusses the ADA requirements for curb ramps at pedestrian crossings that are currently enforced by the Division under PCA. US Dept of Justice

Parking Requirements

Number of parking spaces required plus restriping parking lots for cars and vans.  ADA Business Brief. US Dept of Justice

FAQ on Child Care Buildings and Accessibility Under the ADA

Privately-run child care centers -- like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks -- must comply with title III of the ADA. Child care services provided by government agencies, such as Head Start, summer programs, and extended school day programs, must comply with title II of the ADA. Both titles apply to a child care center's interactions with the children, parents, guardians, and potential customers that it serves. US Dept of Justice

ADA/504 and Transportation Issues

The primary purpose of the Federal Highway Administration's (FHWA) Americans with Disabilities Act (ADA) program is to ensure that pedestrians with disabilities have opportunity to use the transportation system in an accessible and safe manner. US Dept of Transportation.

Documents

A Guide to Disability Rights Law

Department of Justice

ADA Technical Assistance Brief on Service Animals

U.S. Department of Justice (2011)

Part 36 Nondiscrimination on the Basis of Disability Title III Examinations&Courses

Any private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.

GAO Report

Higher Education and Disability: Improved Federal Enforcement Needed to Better Protect Students' Rights to Testing Accommodations.  GAO-12-40, Nov 29, 2011.

Standardized tests are often required to gain admission into postsecondary schools or to obtain professional certifications. Federal disability laws, such as the Americans with Disabilities Act (ADA) require entities that administer these tests to provide accommodations, such as extended time or changes in test format, to students with disabilities. GAO examined (1) the types of accommodations individuals apply for and receive and how schools assist them, (2) factors testing companies consider when making decisions about requests for accommodations, (3) challenges individuals and testing companies experience in receiving and granting accommodations, and (4) how federal agencies enforce compliance with relevant disability laws and regulations. To conduct this work, GAO interviewed disability experts; individuals with disabilities; officials from high schools, postsecondary schools, testing companies; and officials from the Departments of Justice (Justice), Education, and Health and Human Services (HHS). GAO also reviewed testing company policies and data, federal complaint and case data for selected testing companies, and relevant laws and regulations.

ADA ticketing regulations

Ticketing regulations for concerts, sports events, etc. U.S. Department of Justice 2011