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Substance Abuse and Mental Health Services Administration
Prohibition Against Discrimination on the Basis of Disability in the Administration of TANF
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This policy guidance clarifies the obligations Title II of the Americans with Disabilities Act and Section 504 impose on State and local government entities, and on recipients of Federal financial assistance from HHS involved in TANF activities, in fulfilling their responsibilities pursuant to Title II of the ADA and Section 504 of the Rehabilitation Act. Specifically, this guidance identifies essential requirements of an ADA-504 compliant TANF program that the Office for Civil Rights will apply in its compliance reviews and/or investigations of complaints of discrimination on the basis of disability in TANF programs. These requirements are not new, rather, they reiterate ADA Title II and Section 504 principles that OCR has been enforcing for many years. The guidance also sets out promising practices, policies, procedures and other recommended steps that recipients and covered entities can take to ensure meaningful access to TANF programs by people with disabilities. These promising practice provisions are not mandatory requirements; they are one way for a TANF agency to meet obligations to ensure equal access through the provision of appropriate services, modify policies, practices and procedures to provide such access, unless doing so would result in a fundamental alteration to the program, and to adopt non-discriminatory methods of administration. (OCR)
Washington, D.C.