This document focuses on the different approaches used by the IDEA on the one hand, and Title II on the other, to determine what a school must do for a student with a hearing, vision, or...
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Introduction
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General Exceptions in FSTAG
Document the basis for the determination that either of the general exceptions applies to a trail or a portion of a trail and maintain the documentation with the records of the construction...
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III. PROTECTING THE CONSTITUTIONALITY OF THE ADA
The Court remanded the case to the district court to determine which of his Title II claims would also allege constitutional violations....
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VI. IMPLEMENTATION AND ENFORCEMENT
Such records will include the date of the request; the nature of the request; the determination regarding the request; the date of the determination; and who participated in the decision-making...
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4.3.6 Reach Limits
Using these models, a designer can determine the percentage of wheeled mobility users with functional reaching ability that might be expected to reach (without a weight) to a 100 mm x 100...
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Methodology and Data Analysis
DATA ANALYSIS Archival and interview data were analyzed to determine trends and differences in design approaches....
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B.
The Court must first determine "whether Congress has directly spoken to the precise question at issue....
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D. ENFORCEMENT AND REPORTING
If during the implementation of this Agreement, BIDMC determines that, due to reasons beyond its control (e.g. substantial and unexpected change in its financial situation, etc.), it cannot...
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Section 37.167 Other Service Requirements
When vehicles from more than one route serve a given stop or station, the entity must provide a means to assist an individual with a visual impairment or other disability in determining...
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Introduction and Purpose
Of course, the determination of whether an individual is qualified for a particular position must necessarily be made on a case-by-case basis....
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11B-224.2.2 More than fifty guest room facilities
Facilities with more than fifty guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility. ...
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6.2 Basic Requirements
It also may be more relevant to look at the individual's previous work history in making such determinations than to rely on an examination or tests by a physician....
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11B-1003.2.1 Boat slips
The length of transition plates would not be included in determining if the gangway(s) meet the requirements of the exception....
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2. Electronic (Digital) Level
If you do not keep your level on the same setting, you will have difficulty determining what your survey data means....
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§ 382.51 Communicable diseases
(3) In determining whether an individual poses a direct threat to the health or safety of others, a carrier must make an individualized assessment, based on reasonable judgment that...
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Rulemaking authority of the Board and effect of the guidelines
However, regardless whether the FCC proceeds with case-by- case determinations or rulemaking, Congress clearly intended that the FCC's actions be consistent with the Board's guidelines....
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
In determining whether a private entity qualifies as a private club under title II, courts have considered such factors as the degree of member control of club operations, the selectivity...
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Can a public accommodation exclude a person with HIV or AIDS because that person allegedly poses a direct threat to the health and safety of others?
The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability; it...
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ENFORCEMENT
If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that...
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II. STANDARD OF LAW
In judging evidence at the summary judgment stage, the court does not make credibility determinations or weigh conflicting evidence and draws all inferences in the light most favorable to...
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208 Parking Spaces
In general, required access is determined by a sliding scale based on the total number of spaces provided (Table 208.2)....
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4.3.1 Overview of Imaging Equipment and Regulatory Environment
Thus, before patients can have these tests, they must be evaluated by a physician, who then determines and requests the most appropriate diagnostic imaging test for the required evaluation...
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5. What must an employer do after receiving a request for reasonable accommodation?
Additionally, suggestions from the individual with a disability may assist the employer in determining the type of reasonable accommodation to provide....
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines that a rule is not expected...