28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)

‘‘Direct Threat’’ (Section-by-Section Analysis)

In Appendix A of the Department’s 1991 title II regulation, the Department included a detailed discussion of ‘‘direct threat’’ that, among other things, explained that principles established in § 36.208 of the Department’s [title III] regulation’’ were ‘‘applicable’’ as well to title II, insofar as ‘‘questions of safety are involved.’’ 28 CFR part 35, app. A at 565 (2009). In the final rule, the Department has included an explicit definition of ‘‘direct threat’’ that is parallel to the definition in the title III rule and placed it in the definitions section at § 35.104.