Knowledge Base

Title II ADA Frequently Asked Questions

Overview

This FAQ is designed as a practical staff reference for city and county governments. It consolidates the City of Georgetown’s existing public-facing ADA FAQs with additional questions that commonly arise in administering Title II programs, services, activities, facilities, communications, public meetings, transportation, procurement, and digital services.

Important: This document is general informational guidance, not legal advice. Requirements can depend on the specific program, facts, funding source, facility, contract, and applicable federal or state standards. For legal interpretation or disputed compliance issues, consult the public entity’s ADA Coordinator and Legal Department.

Georgetown FAQs - Existing Public-Facing Questions

What is ADA?

The Americans with Disabilities Act (ADA) is a federal civil rights law enacted on July 26, 1990. It prohibits discrimination against individuals with disabilities and requires equal access to government programs, services, and activities. Title II applies to state and local governments.

What is an ADA Transition Plan and why is it necessary?

A Transition Plan documents the results of a public entity’s self-evaluation and identifies physical barriers that limit access to programs, services, and activities. It establishes priorities and a schedule for removing barriers over time. Public entities with 50 or more employees are required to develop a transition plan when structural changes are needed to achieve program accessibility.

Is a city required to make all its facilities ADA compliant?

Title II requires a public entity to ensure that its programs, services, and activities are accessible when viewed in their entirety. The obligation is program accessibility, while new construction and alterations are subject to applicable accessibility standards.

Why are there elements in public rights-of-way that are non-compliant?

Existing sidewalks, curb ramps, crossings, and other right-of-way features may have been built before current accessibility requirements or may have deteriorated. Right-of-way projects can also be affected by grades, drainage, utilities, right-of-way constraints, property ownership, and coordination with other agencies. A public entity nevertheless has an ongoing obligation to address accessibility barriers through program access, maintenance, alterations, and applicable standards.

What are the next steps after an ADA self-evaluation or transition-plan update?

The City uses the evaluation, public input, field data, and applicable standards to establish and prioritize implementation projects. The City tracks completed work, update priorities as conditions change, and periodically update the plan so it remains a living implementation document.

How can the public provide comments, request accommodation, or report an accessibility concern? 

In Georgetown, the ADA and Title VI Coordinator is the designated point of contact, and requests or concerns may also be submitted through the City’s askGTX service. 

Title II Basics 

Who must comply with Title II? 

State and local governments and their departments, agencies, special-purpose governmental entities, and other instrumentalities generally must comply, regardless of the size of the government. Title II applies to all programs, services, and activities of the public entity. 

What does “program, service, or activity” mean? 

The terms are broad. They include governmental functions such as permitting, planning, zoning, code enforcement, policing, courts, elections, parks and recreation, libraries, public meetings, transportation, utility services, communications, websites, and other services provided by or on behalf of the City of Georgetown. 

What is the City’s basic Title II obligation? 

The City of Georgetown provides qualified individuals with disabilities an equal opportunity to participate in and benefit from their programs, services, and activities and may not discriminate based on disability. 

Does Title II apply only to people who use wheelchairs? 

No. Disability access includes people with mobility, vision, hearing, speech, cognitive, neurological, and other disabilities. Effective access may require physical modifications, communication aids, policy modifications, accessible technology, or other appropriate measures. 

Does the City of Georgetown regulate private business restrooms, entrances, or parking lots? 

No. Private businesses open to the public must follow current accessibility rules covering routes, parking, restrooms, and hardware Private businesses are regulated by the Texas Department of Licensing and Regulation (TDLR). To learn more about accessibility requirements for private businesses, please visit the Texas Department of Licensing and Regulation Accessibility Requirements.

Reasonable Modifications 

What is a reasonable modification? 

A reasonable modification is a change to a policy, practice, or procedure when necessary to avoid disability-based discrimination and provide an equal opportunity to participate in a program, service, or activity. 

Can the City deny a requested modification? 

The City may deny a modification when it can demonstrate that the modification would fundamentally alter the nature of the program, service, or activity. Other specific legal limitations may also apply. Decisions are based on the actual request and available alternatives, not assumptions about disability. 

Effective Communication and Language Access 

What is “effective communication”? 

The City of Georgetown provides auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and benefit from, the public entity’s services, programs, or activities. 

When is a sign language interpreter required? 

When an interpreter is necessary for effective communication, the City of Georgetown will provide one unless a legally recognized exception applies.  

Can family members or friends be used as interpreters? 

Generally, a public entity should not rely on accompanying adults or minors to interpret, except in limited circumstances recognized by the ADA regulations. Staff should use qualified interpreters or other appropriate auxiliary aids when needed. 

Public Meetings, Hearings, and Civic Participation 

Do public meetings have to be accessible? 

The City of Georgetown provides people with disabilities with an equal opportunity to participate in public meetings, hearings, boards, commissions, and other civic activities. Accessibility includes the physical venue, communication, registration, remote participation, materials, and other aspects necessary for effective participation. 

Does a public meeting need captions or ASL? 

The City of Georgetown will provide appropriate aids and services when necessary for effective communication. The appropriate method depends on the circumstances and the individual’s needs. 

Service Animals 

Are service animals allowed in city facilities? 

Generally, yes. The City permits service animals in its facilities and programs even where pets are prohibited, subject to the ADA’s limited rules concerning service animals. 

Complaints, Grievances, and ADA Coordination 

Does the City have an ADA coordinator? 

Yes, the Transportation Manager is the designated ADA Coordinator. Contact information for the City’s ADA Coordinator is found on the City of Georgetown ADA webpage. 

What should an ADA complaint include? 

A useful complaint should identify the person making the complaint, the date and location, the program/service/activity or barrier involved, what occurred, and requested or potential resolution.  

Employment vs. Title II 

Does Title II cover city employees? 

Employment discrimination by state and local governments is generally governed by Title I of the ADA, not Title II. Title II covers the government’s services, programs, and activities. Public employers also must comply with applicable employment requirements.