ADA Title II Action Guide for State and Local Governments

Who has Obligations

Title II applies to state and local governments including state executive agencies, courts, legislatures, towns, cities, counties, school districts, universities, community colleges, water districts, special purpose districts, regional transit authorities, other state and local government instrumentalities and AMTRAK.

In some cases it is difficult to determine whether a particular entity that is providing a public service, such as a library, museum, or volunteer fire department, is in fact a public entity. Where an entity appears to have both public and private features, it is necessary to examine the relationship between the entity and the governmental unit to determine whether the entity is public or private. Factors to be considered in this determination include --

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.