24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
C. Title II of the ADA
Title II of the ADA prohibits discrimination on the basis of disability by state and local government entities, including by requiring facilities designed, constructed, or altered by or on behalf of a public entity, or as part of a public entity’s program, to be readily accessible to and usable by individuals with disabilities.7 Except for transportation facilities, DOJ is the Federal agency responsible for adopting accessibility standards under title II of the ADA.8 The Department of Transportation establishes accessibility standards for transportation facilities subject to title II of the ADA. In 1991, DOJ issued a regulation establishing the 1991 Standards or UFAS as legally enforceable accessibility standards under title II.
On September 15, 2010, DOJ published a final rule revising its title II regulation at 28 CFR part 35. Among other requirements, the revised regulation adopted a new accessibility standard referred to as the 2010 ADA Standards for Accessible Design (2010 Standards).9 For new construction and alterations that commence on or after March 15, 2012, entities covered by title II must comply with the 2010 Standards.10 The 2010 Standards can be found at http://www.ada.gov/ 2010ADAstandards_index.htm.
For title II entities, the 2010 Standards consist of the 2004 ADAAG and requirements contained in 28 CFR 35.151. Section 35.151 sets forth requirements that have the effect of modifying provisions in 2004 ADAAG and include scoping and technical requirements for social service center establishments, housing at places of education, assembly areas, medical care facilities, residential dwelling units for sale to individuals, and detention and correctional facilities. For example, social service center establishments, which include group homes, halfway houses, shelters, and similar facilities providing temporary sleeping accommodations, must comply with the 2010 Standards applicable to residential facilities including certain requirements specified at 28 CFR 35.151(e). Most housing at a place of education (defined in the title II and title III regulations) must comply with the 2010 Standards applicable to transient lodging including certain requirements specified at 28 CFR 35.151(f).
7 42 U.S.C. 12131 et. seq.
8 The Department of Justice (DOJ) is also the Federal agency responsible for adopting accessibility standards under title III of the ADA, which prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with established accessibility standards. The DOJ implementing regulation is at 28 CFR part 36.
9 DOJ’s September 15, 2010 final rule also revised its title III regulation. For title III entities, the 2010 Standards consist of the 2004 ADAAG and requirements under 28 CFR Part 36—Subpart D.
10 See 28 CFR 35.151(c) for accessibility standards and compliance dates prior to March 15, 2012.
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