28 CFR Part 35 · Subpart A — General
§ 35.105 Self-evaluation
Last updated June 11, 2026
Requires all public entities to evaluate services and activities for barriers and document remediation steps.
In Plain Language
Every public entity must evaluate its own services, programs, and activities to identify barriers to access for people with disabilities, then fix what it finds. This is a foundational compliance requirement, not optional. Entities with 50 or more employees must document their self-evaluation and retain records for at least three years. The self-evaluation should cover physical access, programmatic access, communications access, and now digital/web access.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.105
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.
(b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.
(c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:
(1) A list of the interested persons consulted;
(2) A description of areas examined and any problems identified; and
(3) A description of any modifications made.
(d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous self-evaluation.
[56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58 FR 17521, Apr. 5, 1993]
What § 35.105 Means in Practice
- All public entities must complete a self-evaluation. There is no size exemption
- Entities with 50+ employees must retain self-evaluation documentation for at least 3 years
- The evaluation must cover all services, programs, and activities including websites and digital services
- Findings must result in actual remediation. Identifying problems without fixing them does not satisfy the requirement
- Free self-evaluation template available at TitleII.org
Common Questions
How often must we do a self-evaluation?
The regulations require one evaluation, but given the new web accessibility requirements taking effect in 2026-2028, entities should update their evaluations to include digital accessibility.
What happens if we find problems during the self-evaluation?
You are required to make modifications to correct identified barriers. The self-evaluation is not just a documentation exercise; it must lead to action.
Does § 35.105 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