ADA Best Practices Tool Kit for State and Local Governments

B. Notice of the ADA’s Provisions

The second administrative requirement is providing public notice about the ADA.² There are three main considerations for providing notice:

1. Who is the target audience for the ADA notice?

2. What information shall the notice include?

3. Where and how should the notice be provided?

Regardless of Size, the ADA Notice Requirement Applies

The ADA notice requirement applies to ALL state and local governments covered by title II, even localities with fewer than 50 employees.

1. Who is the target audience for the ADA notice?

The target audience for public notice includes applicants, beneficiaries, and other people interested in the state or local government’s programs, activities, or services. The audience is expansive, and includes everyone who interacts – or would potentially interact – with the state or local government.

2. What information shall the notice include?

The notice is required to include relevant information regarding Title II of the ADA, and how it applies to the programs, services, and activities of the public entity.

The notice should not be overwhelming. An effective notice states the basics of what the ADA requires of the state or local government without being too lengthy, legalistic, or complicated. It should include the name and contact information of the ADA Coordinator.

This chapter contains a model “Notice Under the Americans with Disabilities Act” created by the Department of Justice. It is a one page document in a standard font, and includes brief statements about:

• employment,

• effective communication,

• making reasonable modifications to policies and programs,

• not placing surcharges on modifications or auxiliary aids and services, and

• filing complaints.

The model notice is included at the end of this chapter.

3. How and where should the notice be provided?

It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA.

Publishing and publicizing the ADA notice is not a one-time requirement. State and local governments should provide the information on an ongoing basis, whenever necessary. If you use the radio, newspaper, television, or mailings, re-publish and re-broadcast the notice periodically.

The information must be presented so that it is accessible to all. Therefore, it must be available in alternative formats.