34 CFR Part 104 Discrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice of Interpretation
Standards Applicable Under Section 504 as of March 15, 2012
In addition, effective March 15, 2012, because the 1991 Standards will no longer be an applicable standard under the ADA for any new construction and alterations, we are announcing that for Section 504, recipients will have the choice of the 2010 Title II ADA Standards (except that Exception (1) to Section 206.2.3 does not apply) or UFAS until Education has revised its Section 504 regulation to adopt the 2010 Title II ADA Standards. Please refer to the following table of dates and accessibility standards for a quick reference to standards for complying with 34 CFR 104.23.
Table of Applicable Standards for Complying With 34 CFR 104.23
| Date construction or alteration commenced | Applicable standards for complying with 34 CFR 104.23 |
|---|---|
| Between 6/3/77 and 1/17/91 | ANSI A117.1-1961 (R1971).34 |
| Between 1/18/91 and 1/25/92 | UFAS. |
| Between 1/26/92 and 9/14/10 | UFAS or 1991 Standards without the elevator exception. |
| Between 9/15/10 and 3/14/12 | UFAS, 1991 Standards without the elevator exception, or 2010 Title II ADA Standards except that Exception (1) to Section 206.2.3 does not apply. |
| On or after 3/15/2012 (until the regulations are revised) | UFAS or 2010 Title II ADA Standards except that Exception (1) to Section 206.2.3 does not apply. |
34. This is the “American National Standards Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,” published by the American National Standards Institute, Inc.
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