Search Results "Public Entity"
2010 ADA Definition
Public Entity: From Regulation 36.104: (1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
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§ 37.17 Designation of responsible employee and adoption of complaint procedures
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§35.140 Employment Discrimination Prohibited
§35.140 Employment Discrimination Prohibited Title II of the ADA applies to all activities of public entities, including their employment practices....
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Self-Evaluation Forms
Feel free to edit the forms to suit your public entity....
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8. Amend § 35.150 as follows:
8. Amend § 35.150 as follows: a. Redesignate paragraph (b)(2) as paragraph (b)(3); b. Add the words "or acquisition" after the word "redesign" in the first sentence of...
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§ 35.150 Existing facilities
§ 35.150 Existing facilities. * * * * *
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§ 35.150(b)(2) Safe harbor
If a public entity has constructed or altered elements in an existing facility in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standard...
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Section 35.130(h) Safety. (Section-by-Section Analysis)
(Section-by-Section Analysis) Section 36.301(b) of the 1991 title III regulation provides that a public accommodation ‘‘may impose legitimate safety requirements that are necessary for...
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Section 35.136 Service animals. (Section-by-Section Analysis)
(Section-by-Section Analysis) The 1991 title II regulation states that ‘‘[a] public entity shall make reasonable modifications in policies, practices, or procedures when the modifications...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
They sought the ability to establish a policy or method by which public entities may assess the legitimacy of the mobility disability....
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Because title II evaluates a public entity's programs, services, and activities in their entirety, public entities have flexibility in addressing accessibility issues....
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Section 35.151 New construction and alterations (Section-by-Section Analysis)
construction and alterations (Section-by-Section Analysis) Section 35.151(a), which provided that those facilities that are constructed or altered by, on behalf of, or for the use of a public...
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Section 35.151(b) Alterations (Section-by-Section Analysis)
For example, a public entity might have six courtrooms in two existing buildings and might determine that only three of those courtrooms and the public use and common use areas serving those...
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Section 35.151(j) Residential housing for sale to individual owners (Section-by-Section Analysis)
Section 35.151(j) Residential housing for sale to individual owners (Section-by-Section Analysis) Although public entities that operate residential housing programs are subject to title...
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Section 35.151(k) Detention and correctional facilities (Section-by-Section Analysis)
However, correctional and detention facilities operated by or on behalf of public entities have always been subject to the nondiscrimination and program accessibility requirements of title...
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Section 35.152 Detention and correctional facilities—program requirements (Section-by-Section Analysis)
provisions that refer to design, construction, and alteration of detention and correction facilities in new paragraph (k) in § 35.151 dealing with new construction and alterations for covered entities...
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Facilities operated through contractual, licensing, or other arrangements with other public entities or private entities. (Section-by-Section Analysis)
Facilities operated through contractual, licensing, or other arrangements with other public entities or private entities....
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Section 35.160 Communications. (Section-by-Section Analysis)
the interests of the person who is receiving the public entity's services....
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§35.130(b)(3)
(3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration:...
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§35.130(b)(5)
(5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability....
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§35.130(b)(6)
(6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability...
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§35.130(b)(7)
(7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless...
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§ 35.130(b)(7)(i)
(i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless...
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§ 35.130(b)(7)(ii)
(ii) A public entity is not required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regarded as” prong of the definition...
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§35.130(b)(8)
(8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from...