28 CFR Part 35 · Subpart A — General
§ 35.102 Application
Last updated June 11, 2026
Specifies that Title II applies to all services, programs, and activities of public entities, with limited carve-outs for public transportation and emergencies.
In Plain Language
Title II applies to all services, programs, and activities of public entities. The scope is intentionally broad and includes everything a government entity does, from parks and libraries to courts and online services. There are only narrow exceptions for entities immune from suit under the Eleventh Amendment, the legislative branch, and emergency response situations.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.102
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
(b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this part.
What § 35.102 Means in Practice
- "Services, programs, and activities" is interpreted very broadly. If your entity does it, Title II likely covers it
- Public transportation operated under Title II Subtitle B is handled separately under different rules
- This includes your website, mobile apps, online forms, and digital services
- There is no "we don't serve the public" exception. If a government entity operates a program, it must be accessible
Common Questions
Are school activities covered?
Yes. School programs, events, websites, online portals, and communications are all covered under Title II.
What about internal government systems?
Internal systems used only by employees fall under Title I (employment) rather than Title II, though good practice is to make all systems accessible.
Does § 35.102 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830