Separate Programs
Title II permits public entities to design programs that are specifically for people with disabilities.
Examples
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A state agency provides opportunities for people with developmental disabilities and their families to enhance independence, productivity, and inclusion.
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A state agency develops an employment training and placement program for people with intellectual disabilities.
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A county runs peer-focused drop-in centers where people with mental illness can socialize or hang out.
When a public entity has an alternative and a “regular” program, people with disabilities must be able to choose to participate in either or both programs.
Examples
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A city parks recreation department offers programs for people with disabilities such as adaptive exercise in addition to other activities. A person who has cerebral palsy cannot be excluded from an aerobics dance class because of the availability of the adaptive exercise class.
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A municipal museum offers a tour for people with vision impairments on which they touch specific sculptures. The museum cannot exclude a person who is blind from the standard museum tour.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(a) No qualified individual with a disability shall, on the basis of 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 public entity. (b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability — (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;
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