If a community pool is owned or operated by a state or local government entity, it is covered by Title II of the ADA, which requires “program accessibility.”...
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3. Does a community pool have to provide an accessible means of exit and entry?
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§35.164 Duties
§35.164 Duties Section 35.164, like paragraph (a)(3) of § 35.150, is taken from the section 504 regulations for federally conducted programs....
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What Does It Mean to be Qualified?
Protections under the ADA are afforded to qualified individuals with disabilities. The definition of “qualified” has two forms....
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§104.42 Admissions and recruitment.
[See subsections ...]
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§104.33(c)(2) Transportation
(2) Transportation. If a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying...
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§104.44(a) Academic requirements
(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do...
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12141(5) Public school transportation
(5) Public school transportation The term "public school transportation" means transportation by school bus vehicles of schoolchildren, personnel, and equipment to and from a...
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§ 35.130 General prohibitions against discrimination.
[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010; AG Order 3702-2016, 81 FR 53225, Aug. 11, 2016]
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§27.5 Qualified person with a disability
with a disability who, with reasonable accommodation and within normal safety requirements, can perform the essential functions of the job in question, but the term does not include any individual...
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Saunas and steam rooms. (Section-by-Section Analysis)
Section 35.150(b)(5)(iii) of the NPRM exempted existing saunas and steam rooms that seat only two individuals and were not being altered from section 241 of the 2004 ADAAG, which requires...
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§104.33(c)(4) Placement of handicapped persons by parents
If a recipient has made available, in conformance with the requirements of this section and §104.34, a free appropriate public education to a handicapped person and the person's parents...
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Growth of the Disability Rights Movement
The program was established as part of the 1978 Amendments to the Rehabilitation Act and became known as the Title VII program....
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Section 504
programs or activities, through regulations in 34 CFR part 104....
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Disputes and Disagreements Regarding FAPE and non-FAPE Matters
disability requires further evaluation in order to devise an appropriate plan of services; or whether the scope of the evaluation or the current services is sufficient to meet the student’s individual...
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N. Equal Access for Handicapped Students
Recipients may not deny handicapped students access to vocational education programs or courses because of architectural or equipment barriers, or because of the need for related aids and...
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Elements in the 2010 ADA Standards Not in the 1991
State and local governments must consider accessibility improvements to these recreation areas to ensure “program accessibility.”...
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§104.37(c)(1)
(1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on...
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8.5 Recovering Drug Addicts
However, a person who casually used drugs illegally in the past, but did not become addicted is not an individual with a disability based on the past drug use....
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ADA Guide for Small Towns
Disclaimer The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act....
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Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments' Employment Service Systems for Individuals with Disabilities
settings (including day treatment programs or facility-based day habilitation centers) where they are segregated from non-disabled persons....
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Example: Historic House Museum
Example A town-operated two story historic house museum, which dates from 1885, provides exhibition and instructional programs for the public....
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III-3.5000 Discrimination on the basis of association
A public accommodation may not discriminate against individuals or entities because of their known relationship or association with persons who have disabilities....
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Contracting with Other Entities to Provide Programs, Services or Activities
The general nondiscrimination requirement and all of Title II apply whether a public entity provides the program, service or activity itself or is contracting with another entity to do so...
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§1630.4 Discrimination prohibited.
[76 FR 17002, Mar. 25, 2011]