We are proposing to update the two sets of regulatory provisions jointly to ensure consistency in accessibility across the spectrum of communication and electronic and information technologies...
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PURPOSE AND LEGAL AUTHORITY
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III. Enforcement and Implementation
Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States’ right to enforce other...
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Section 35.172 Investigations and compliance reviews. (Section-by-Section Analysis)
The new provision reads as follows: ‘‘(b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the...
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11B-202.3 Alterations
When the damage caused by a fire is minor and can be corrected by cleaning, re-painting or re-wallpapering, accessibility provisions based on alterations are not triggered....
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IV. EQUITABLE RELIEF
Provision of Interpreters in a Timely Manner. a....
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Final Regulatory Flexibility Analysis
The Department is also updating or amending certain provisions of the existing title III regulation so that they are consistent with the title II regulations and comport with the Department...
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Service Animal Issues
As a general matter, foreign carrier policies with respect to service animals, like other foreign carrier policies, are subject to the conflict of laws waiver and equivalent alternative provisions...
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In-Flight Audio and Video Services
Until the new rule’s compliance dates, U.S. carriers would remain bound by the provisions of the existing rule....
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Subpart F—Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
The new provision added to § 36.606 may also have implications in determining an entity's eligibility for the element-by-element safe harbor....
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Actions to Be Taken by LCG
LCG policies shall, at a minimum, include the following: A Disability Nondiscrimination Policy that states: (i) LCG does not discriminate in the provision of services to children...
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Section 36.303(g)(5) Performance Requirements for Captioning Devices and Audio Description Devices
While the comments were generally supportive of the existence of performance requirements, there were differences of opinion expressed about the specifics of this provision....
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5. Reassignment to a Vacant Position
ETA Editor's Note Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings...
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Section 35.151(g)(3)
As the Department explained in the NPRM, however, this provision was not designed to prohibit temporary seating that increases seating for events (e.g., placing temporary seating on the...
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b. Exception for Base Support Allowance and Unobstructed Knee and Toe Space
One manufacturer commented on this provision, asserting that mammography equipment poses unique challenges and requires separate consideration....
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4. Breast Platform Adjustability
One commenter, a medical association, concurred with the proposed provisions. Two other commenters, a disability rights organization and a manufacturer disagreed....
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M305.2.3 Height (Section-by-Section Analysis)
The Access Board considered the public comments and the MDE Advisory Committee’s recommendations, and has decided to include a new provision, M305.2.3 in the final rule, that requires the...
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46. Can an employer claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else?
needed as a reasonable accommodation because failure to permit the modification might constitute "interference" with the rights of an employee with a disability.(123) In addition, other ADA provisions...
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ATMs. (Section-by-Section Analysis)
The safe harbor provision applies only to readily achievable barrier removal; the Department is not planning to apply a safe harbor to the requirement for auxiliary aids and services. ...
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Compliance Determinations by State and Local Jurisdictions
The language of 100.205(g) and (h) is taken directly from these statutory provisions....
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4. What factors should a public school district consider in determining what auxiliary aids or services are necessary to afford qualified students with disabilities an equal opportunity to participate in, and enjoy the benefits of, the public school’s services, programs, or activities?
. § 35.160(b)(2). 29 Under the IDEA, school districts must also take steps, including the provision of supplementary aids and services, to provide nonacademic and extracurricular services...
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Alterations and water closet clearances in single-user toilet rooms with in-swinging doors. (Section-by-Section Analysis)
A number of commenters stated that there was no reason to return this provision to the Access Board....
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Qualified individual with a disability (Section-by-Section Analysis)
A "direct threat" is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary...
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Accessible golf cars. (Section-by-Section Analysis)
In the meantime, the Department believes that golfers with disabilities who need accessible golf cars are protected by other existing provisions in the title III regulation, including those...