103 Equivalent Facilitation
Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.
Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469 all determinations of equivalent facilitation are made by the Department in accordance with the variance procedures contained in Chapter 68, Texas Administrative Code.
ETA Editor's Note
Although the wording of this section is the same as the 2010 ADA Standards, this provision is not the same for Texas and the ADA because Texas requires prior approval of equivalent facilitation solutions, as explained in this Advisory.
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