II-1.1000 General.
Title II of the ADA covers programs, activities, and services of public entities. It is divided into two subtitles. This manual focuses on subtitle A of title II, which is implemented by the Department of Justice's title II regulation. Subtitle B, covering public transportation, and the Department of Transportation's regulation implementing that subtitle, are not addressed in this manual.
Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It additionally extends the prohibition of discrimination on the basis of disability established by section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's title II regulation adopts the general prohibitions of discrimination established under section 504, and incorporates specific prohibitions of discrimination from the ADA.
Subtitle B is intended to clarify the requirements of section 504 for
public transportation entities that receive Federal financial assistance.
Also it extends coverage to all public entities that provide public transportation,
whether or not they receive Federal financial assistance. It establishes
detailed and complex standards for the operation of public transit systems,
including commuter and intercity rail (AMTRAK). The Department of Transportation
is responsible for the implementation of the second subtitle of Title II
and issued a regulation implementing that subtitle.
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