Chapter 8.0000 - ADMINISTRATIVE REQUIREMENTS
Italicized text was added to the original Title II Technical
Manual through supplements issued in 1993 and 1994.
Regulatory references: 28 CFR 35.105-35.107; 35.150(c) and (d).
All public entities subject to title II of the ADA must complete a
self-evaluation by January 26, 2021 (one year from the effective date
of the Department's regulation).
Does the fact that a public entity has not completed its
self-evaluation until January 26, 1993, excuse interim compliance? No.
A public entity is required to comply with the requirements of title II
on January 26, 1992, whether or not it has completed its self-
Which public entities must retain a copy of the self-evaluation? A
public entity that employs 50 or more employees must retain its
self-evaluation for three years. Other public entities are not required
to retain their self-evaluations but are encouraged to do so because
these documents evidence a public entity's good faith efforts to comply
with title II's requirements.
What if a public entity already did a self-evaluation as part of its
obligations under section 504 of the Rehabilitation Act of 1973? The
II self-evaluation requirement applies only to those policies and
that previously had not been included in a self-evaluation required by
504. Because most section 504 self-evaluations were done many years
however, the Department expects that many public entities will re-
all their policies and practices. Programs and functions may have
significantly since the section 504 self-evaluation was completed.
that were taken to comply with section 504 may not have been
fully or may no longer be effective. In addition, section 504's
has been changed by statutory amendment, particularly the Civil Rights
Act of 1987, which expanded the definition of a covered "program or
activity." Therefore, public entities should ensure that all programs,
services are examined fully, except where there is evidence that all
were previously scrutinized under section 504.
What should a self-evaluation contain? A self-evaluation is a public
entity's assessment of its current policies and practices. The
self-evaluation identifies and corrects those policies and practices
that are inconsistent with title II's requirements. As part of the
self-evaluation, a public entity should:
- Identify all of the public entity's programs, activities, and
- Review all the policies and practices that govern the
administration of the public entity's programs, activities, and
Normally, a public entity's policies and practices are reflected in
its laws, ordinances, regulations, administrative manuals or guides,
policy directives, and memoranda. Other practices, however, may not be
recorded and may be
based on local custom.
Once a public entity has identified its policies and practices, it
should analyze whether these policies and practices adversely affect
the full participation of individuals with disabilities in its
and services. In this regard, a public entity should be mindful that
its policies and practices may appear harmless, they may result in
denying individuals with disabilities the full participation of its
or services. Areas that need careful examination include the following:
- A public entity must examine each program to determine whether
any physical barriers to access exist. It should identify steps that
need to be taken to enable these programs to be made accessible when
viewed in their entirety. If structural changes are necessary, they
should be included in the transition plan (see II-8.3000).
- A public entity must review its policies and practices to
determine whether any exclude or limit the participation of individuals
with disabilities in its programs, activities, or services. Such
policies or practices must be modified, unless they are necessary for
the operation or provision of the program, service, or activity. The
self- evaluation should identify policy modifications to be implemented
and include complete justifications for
any exclusionary or limiting policies or practices that will not be
- A public entity should review its policies to ensure that it
communicates with applicants, participants, and members of the public
with disabilities in a manner that is as effective as its
communications with others. If a public entity communicates with
applicants and beneficiaries by telephone, it should ensure that TDD's
or equally effective telecommunication systems are used to communicate
with individuals with impaired hearing or speech. Finally, if a public
entity provides telephone emergency services, it should review its
policies to ensure direct access to individuals who use TDD's and
- A public entity should review its policies to ensure that they
include provisions for readers for individuals with visual impairments;
interpreters or other alternative communication measures, as
appropriate, for individuals with hearing impairments; and amanuenses
for individuals with manual impairments. A method for securing these
services should be developed, including guidance on when and where
these services will be provided. Where equipment is used as part of a
public entity's program, activity, or service, an assessment should be
made to ensure that the equipment is usable by individuals with
disabilities, particularly individuals with hearing, visual, and manual
In addition, a public entity should have policies that ensure that its
is maintained in operable working order.
- A review should be made of the procedures to evacuate individuals
with disabilities during an emergency. This may require the
of visual and audible warning signals and special procedures for
individuals with disabilities from a facility during an emergency.
- A review should be conducted of a public entity's written and
audio-visual materials to ensure that individuals with disabilities are
not portrayed in an offensive or demeaning manner.
- If a public entity operates historic preservation programs, it
should review its policies to ensure that it gives priority to methods
that provide physical access to individuals with disabilities.
- A public entity should review its policies to ensure that its
decisions concerning a fundamental alteration in the nature of a
program, activity, or service, or a decision that an undue financial
and administrative burden will be imposed by title II, are made
properly and expeditiously.
- A public entity should review its policies and procedures to
ensure that individuals with mobility impairments are provided access
to public meetings.
- A public entity should review its employment practices to ensure
that they comply with other applicable nondiscrimination requirements,
including section 504 of the Rehabilitation Act and the ADA regulation
issued by the Equal Employment Opportunity Commission.
- A public entity should review its building and construction
policies to ensure that the construction of each new facility or part
of a facility, or the alteration of existing facilities after January
26, 1992, conforms to the standards designated under the title II
- A review should be made to ascertain whether measures have been
taken to ensure that employees of a public entity are familiar with the
policies and practices for the full participation of individuals with
disabilities. If appropriate, training should be provided to employees.
- If a public entity limits or denies participation in its
programs, activities, or services based on drug usage, it should make
sure that such policies do not discriminate against former drug users,
as opposed to individuals who are currently engaged in illegal use of
If a public entity identifies policies and practices that deny or
limit the participation of individuals with disabilities in its
programs, activities, and services, when should it make changes? Once a
public entity has identified policies and practices that deny or limit
the participation of individuals with disabilities in its programs,
activities, and services, it should take immediate remedial action to
eliminate the impediments to full and equivalent participation.
Structural modifications that are required for program accessibility
should be made as expeditiously as possible but no later than January 26, 1995.
Is there a requirement for public hearings on a public entity's
self-evaluation? No, but public entities are required to accept
comments from the public on
the self-evaluation and are strongly encouraged to consult with
individuals with disabilities and organizations that represent them to
assist in the self-evaluation process. Many individuals with
disabilities have unique perspectives on a public entity's programs,
activities, and services. For example, individuals with mobility
impairments can readily identify barriers preventing their full
enjoyment of the public entity's programs, activities,
and services. Similarly, individuals with hearing impairments can
the communication barriers that hamper participation in a public
programs, activities, and services.