Title II applies to state and local governments and also to public transportation services provided by these governments. The U.S. Department of Justice enforces the state and local government provisions except for transportation, which is handled by the U.S. Department of Transportation.

Title II provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination by a department, agency, special purpose district or other instrumentality of a state or local government."

Under Title II, state and local government facilities, services and communications must be accessible to individuals with disabilities. Employment discrimination by these government entities is also prohibited.

Services must be provided in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.

State and local governments must eliminate unnecessary eligibility criteria or rules that deny people with disabilities access to needed services, unless such rules are justifiably necessary to provision of a program or services.

Rules that tend to screen out disabled individuals - such as requiring a driver's license for identification - must be eliminated. Entities must modify policies and procedures as needed to assure citizens with disabilities equal access, unless doing so would fundamentally change the program involved.

State and local governments must conduct their programs so that, when viewed in their entirety, they are accessible to and usable by individuals with disabilities.

Title II of ADA and Section 504 of the Rehabilitation Act are overlapping laws, but complaints for either can be filed with the U.S. Department of Justice. Note: Justice enforces three sections of ADA: Title I: employment with state and local government; Title II: programs, services and activities of State and local government; and Title III: public accommodations and commercial facilities.

How to File an ADA Title II or Section 504 complaint: You can print the complaint form from the Internet by going to: http://www.ada.gov/t2cmpfrm.htm. The form should be completed and sent to:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section
Washington, D.C. 20530