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e-Li: Electronic Library

Qualified Individuals under Title II

Under Title II, the definition of an individual with a disability is the same as already described under Title I.  However, the definition of a qualified individual with a disability differs slightly.  

Under Title II a qualified individual with a disability meets the essential eligiblity requirements for the program or activity offered by a public entity.

Essential eligibility requirements vary depending on the program or activity.  For some activities, like state licensing programs, there may be skills or performance requirements that are considered essential.  Other activities may have minimal eligibility requirements.

42 U.S.C. § 12131(2).