28 CFR Part 35 · Current through June 9, 2026
The ADA Title II Regulations, Explained
Every section of 28 CFR Part 35 — the regulation that implements Title II of the Americans with Disabilities Act — with the verbatim official text and a plain-language explanation of what it actually requires. Organized exactly like the regulation itself: nine subparts, 48 sections.
Subpart A — General
The foundation of Title II: who is covered, what the key terms mean, and the administrative groundwork every public entity must complete, including self-evaluation, public notice, and grievance procedures.
Subpart B — General Requirements
The core nondiscrimination rules: the general prohibitions, plus specific rules on drug use, smoking, maintenance of accessible features, retaliation, personal devices, service animals, mobility devices, ticketing, and direct threat.
- § 35.130 General prohibitions against discrimination
- § 35.131 Illegal use of drugs
- § 35.132 Smoking
- § 35.133 Maintenance of accessible features
- § 35.134 Retaliation or coercion
- § 35.135 Personal devices and services
- § 35.136 Service animals
- § 35.137 Mobility devices
- § 35.138 Ticketing
- § 35.139 Direct threat
Subpart C — Employment
How the ADA applies to employment by state and local governments of any size.
Subpart D — Program Accessibility
How physical access works under Title II: the program access standard for existing facilities, full accessibility for new construction and alterations, and rules for jails and correctional facilities.
Subpart E — Communications
Effective communication requirements: auxiliary aids and services, telecommunications and relay calls, 911 direct access, information and signage, and the limits on these duties.
Subpart F — Compliance Procedures
How enforcement works: filing complaints, federal investigations, voluntary compliance agreements, referral to DOJ, attorney’s fees, mediation, and state immunity.
- § 35.170 Complaints
- § 35.171 Acceptance of complaints
- § 35.172 Investigations and compliance reviews
- § 35.173 Voluntary compliance agreements
- § 35.174 Referral
- § 35.175 Attorney's fees
- § 35.176 Alternative means of dispute resolution
- § 35.177 Effect of unavailability of technical assistance
- § 35.178 State immunity
Subpart G — Designated Agencies
Which federal agencies investigate Title II complaints, organized by sector, with DOJ coordinating the system.
Subpart H — Web and Mobile Accessibility
The 2024 rule requiring state and local government websites and mobile apps to meet WCAG 2.1 Level AA, with deadlines in 2027 and 2028, narrow exceptions, and documented limits.
Subpart I — Accessible Medical Diagnostic Equipment
The 2024 rule requiring accessible medical diagnostic equipment, like exam tables and scales, in public health care programs, with scoping percentages and staffing requirements.
Does Title II apply to your entity?
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