Reasonable Modification of Policies, Practices, and Procedures
Reasonable modification is a key concept in Title II (and III) regulations, and often leads to confusion. The regulations state that public entities must modify policies, practices and procedures when necessary to assure a person with a disability an equal opportunity, unless to do so would fundamentally alter the nature of the service, program, or activity. Determining when a modification is necessary and whether or not it results in a fundamental alteration is not always easy.
Sometimes a practice that seems neutral makes it difficult or impossible for a person with a disability to participate. Many routine policies, practices, and procedures are adopted by public entities without thinking about how they might affect people with disabilities. Sometimes a practice that seems neutral makes it difficult or impossible for a person with a disability to participate. In these cases, the ADA requires public entities to make “reasonable modifications” in their usual ways of doing things when necessary to accommodate people who have disabilities.
Examples
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A county auditorium does not allow people to bring food into its theater. The county may need to make an exception for a person who has diabetes and needs to eat frequently to control her glucose level.
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A municipal zoning ordinance requires a set-back of 12 feet from the curb in residential areas. A young man who was recently injured and will permanently use a wheelchair needs to install a ramp to the entrance of his house. The ramp will encroach on the set-back by three feet. Granting a variance in the zoning requirement may be a reasonable modification of the town ordinance.
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A person who uses a walker has difficulty waiting in line to vote. Election officials must permit the person to sit and note where he is in line, so he doesn't lose his place. The officials might also allow the person to move to the front of the line, but moving ahead is not required under the ADA.
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A city program provides emergency food and shelter. The application process is complex. The county does not usually help people with the process but a person who has an intellectual or cognitive disability may need assistance completing the application.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(b) (7) (i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
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