28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.177 Effect of unavailability of technical assistance
Last updated June 11, 2026
What 28 CFR §35.177 requires of state and local governments.
In Plain Language
The fact that technical assistance was not available is not a defense to a Title II violation. Public entities cannot claim they did not know what was required because DOJ or ADA National Network technical assistance was unavailable or unclear. Compliance is required regardless of the availability of guidance. This prevents entities from using 'we couldn't get help' as an excuse for non-compliance.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.177
Verbatim from 28 CFR Part 35, current through June 9, 2026.
A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act.
What § 35.177 Means in Practice
- You cannot defend noncompliance by saying federal technical assistance was unavailable
- Entities remain obligated to comply with the ADA even when guidance is unclear or agencies are slow to answer
- Waiting for an agency answer does not pause your compliance obligations
- Independent resources and professional help fill the gap when federal assistance is not available
Common Questions
We asked DOJ for guidance and did not hear back. Are we protected?
No. The lack of a response from an agency does not excuse non-compliance. Use all available resources — ADA National Network, TitleII.org, qualified legal counsel.
Where can we get free technical assistance?
The ADA National Network (adata.org) provides free training and technical assistance. TitleII.org provides plain-language guidance.
Does § 35.177 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