Program Access
Office of Compliance
November 18, 2009
Washington, DC
“It took the Civil Rights Act of 1964 and subsequent statutes to make plain this nation’s opposition to racism, sexism and discrimination based on a person’s age…”
“It will take the Americans with Disabilities Act to set the record straight as to where we stand on discrimination based on disability.”
– Senator Lowell Weicker, Jr.
Joint Congressional Hearing on the ADA September 27, 1988
State and Local Governments: Program Access
- Title II of the ADA
- Section 504 of the Rehabilitation Act: recipients of federal financial assistance
What’s covered? Who has to Comply?
- All operations of all services and programs
- Employment
- Services carried out by contractors
- Legislative activities
- Judicial activities
- Corrections
- Police activities
Basic Principles
- Equal opportunity
- Integration
- Inclusion in planning
Program Access
No qualified individual with a disability shall, because a public entity’s facilities are inaccessible or unusable,
- Be excluded from participation;
- Be denied benefits of programs;
- Be subjected to discrimination.
Existing facilities
Operate each service or activity so that, when viewed in its entirety, it is accessible to and usable by people with disabilities.
Facilities constructed prior to January 26, 1992.
Examples of Program Access
- Relocating a service to an accessible facility, e.g., moving a public information office from the third floor to the first floor of a building.
- Providing an aide to enable an individual with a disability to obtain the service.
- Providing benefits or services at an individual’s home, or at an alternative accessible site.
Integration
Must give priority to methods that provide services, programs, and activities in the most integrated setting appropriate.
