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ADA Title II Action Guide for State and Local Governments

Surcharges

Examples

  • A county adult education program offers a bicycle repair course and charges participants $50. M.N., who is deaf, requests that a sign language interpreter be provided. The department plans to charge M.N. $250 for the course due to interpreter costs. M.N.’s fee can be no more than the $50 charged other participants.

Title II Regulation 28 § 35.130

General prohibitions against discrimination:

(f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

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