such disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in, the services, programs, or activities of state and local government entities...
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1. What are the basic requirements of ADA Title II and Section 504?
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ADA Title III: Public Accommodations
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated...
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Effective Communication Provisions
Effective Communication Provisions Covered entities must provide aids and services when needed to communicate effectively with people who have communication disabilities....
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
The proposed safe harbor reflects the Department's determination that it would be an inefficient use of resources to require covered entities that have complied with the 1991 Standards to...
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Element-by-Element Safe Harbor for Existing Facilities
If a facility was in compliance with the 1991 Standards or UFAS as of March 15, 2012, a public entity is not required to make changes to meet the 2010 Standards....
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Sec.36.406(b)
Subparts A - D ADAAG Application, General 36.102(b)(3): public accommodations 36.102(c): commercial facilities 36.102(e): public entities 36.103 (other laws...
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TITLE III COVERAGE
the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation by any private entity...
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"Qualified Reader" (Section-by-Section Analysis)
Based upon the Department's investigation of complaints alleging that some entities have provided ineffective readers, the Department proposed in the NPRM to define ‘‘qualified reader''...
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11B-233.3.4 Alterations
compliance with Sections 11B-809.2,11B-809.3, or 11B-809.4 is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity...
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ADA Requirements - Testing Accommodations
While many testing entities have made efforts to ensure equal opportunity for individuals with disabilities, the Department continues to receive questions and complaints relating to excessive...
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103 Equivalent Facilitation
The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity....
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Staff Training
Covered entities may have established good policies, but if front line staff are not aware of them or do not know how to implement them, problems can arise....
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TITLE III COVERAGE
Peapod is a private entity; it owns and/or operates www.peapod.com, a website that is available through the Internet to personal computers, laptops, mobile devices, tablets, and other similar...
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Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
Therefore, rather than considering only how an impairment affects a student's ability to learn, a recipient or public entity must consider how an impairment affects any major life activity...
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Use of the ISA Under the ADA
The burden of proof in demonstrating equivalent facilitation rests with the covered entity in the event of a legal challenge....
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
Notwithstanding this position, the proposed rule at § 35.138(h) would permit public entities to take certain steps to address potential ticket fraud. ...
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Websites
Websites Websites operated by covered entities constitute EIT, and health programs and activities offered through websites must comply with the nondiscrimination provisions discussed...
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Eligibility Criteria
Public entities may not use eligibility criteria that screen out or tend to screen out people with disabilities unless the eligibility criteria are necessary to participate in the program...
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ADA Training
Participants should include staff, board members, committee chairs and others involved in running the public entity. ...
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Alterations to stairs (Section-by-Section Analysis)
model construction code, contains a similar provision, and most jurisdictions enforce a version of the IBC as their building code, thereby minimizing the impact of this provision on public entities...
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Alterations
Alterations When a public entity chooses to alter any of its facilities, the elements and spaces being altered must comply with the 2010 Standards....
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ENDNOTES
i Title II applies to all public entities, defined as “any state or local government. 42 U.S.C. §12131 (2002)....
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SETTLEMENT TERMS
Definitions Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability in the “services, programs, or activities of a public entity...
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Alterations to stairs. (Section-by-Section Analysis)
model construction code, contains a similar provision, and most jurisdictions enforce a version of the IBC as their building code, thereby minimizing the impact of this provision on public entities...