(iii) Where an individual is not challenging a public entity's failure to provide reasonable modifications under §35.130(b)(7), it is generally unnecessary to proceed under the “actual disability...
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§ 35.108(a)(2)(iii)
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C. ADA Fundamentals
The cornerstone of Title II of the ADA is this: no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services, and activities...
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Specific Exclusions
Specific Exclusions A person who currently illegally uses drugs is not protected by the ADA , as an "individual with a disability", when an employer acts on the basis of such use....
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Student Evaluations and Placement Under Section 504
.44 When a school is aware of a student’s disability, or has reason to suspect a student has a disability, and the student needs or is believed to need special education or related services...
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Credible Assurance
Credible Assurance An entity that determines it can accommodate one or more types of OPDMDs in its facility is allowed to ask the person using the device to provide credible assurance...
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§ 36.105(b)(2) Physical or mental impairment includes
as the following: Orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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§ 35.108(b)(2) Physical or mental impairment includes
the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability...
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If Carrier Contends That Attendant Is Required for Safety Reasons and Passenger Disagrees
If your decision is contrary to the self-assessment of the passenger with a disability, then the carrier must not charge for the transportation of the attendant....
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Why Accessibility Is Important
Seventy-five percent have disabilities that are not obvious at first glance. People with disabilities constitute the largest minority in the country....
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Make a Reasonable Effort to Accommodate, Even Without Advance Notice
Make a Reasonable Effort to Accommodate, Even Without Advance Notice In addition, even if a passenger with a disability does not meet the advance notice or check-in requirement, you must...
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E. Attendants
You should know that it is generally not appropriate to require a passenger with a disability to be accompanied by a personal care attendant....
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§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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Introduction
Three Federal laws – the Individuals with Disabilities Education Act (IDEA),1 Title II of the Americans with Disabilities Act of 1990 (ADA) (Title II),2 and Section 504 of the Rehabilitation...
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§35.149 Discrimination prohibited.
Except as otherwise provided in §35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...
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Presidential Task Force on Employment of Adults with Disabilities
Presidential Task Force on Employment of Adults with Disabilities ________________________________________________________________ 3/18/1998 Through Executive Order 13078, President...
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How do I request a reasonable accommodation?
You simply must let your employer know that you need an adjustment or change because of your disability....
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Safety Considerations May Necessitate an Attendant
Safety Considerations May Necessitate an Attendant In the interests of safety, however, you may require that a passenger with a disability travel with an attendant as a condition of receiving...
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§ 37.5(c)
(c) An entity shall not require an individual with a disability to use designated priority seats, if the individual does not choose to use these seats....
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§ 36.302(f)(8) Prevention of fraudulent purchase of accessible seating
A public accommodation may not require proof of disability before selling a wheelchair space. ...
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II-5.1000 General
A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible....
- Defining and Delivering Disability-Competent Care - Providing Disability-Competent Primary Care
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‘‘Act.’’ (Preamble, Section-by-Section Analysis)
The word ‘‘Act’’ is used in the regulation to refer to the Americans with Disabilities Act of 1990, Pub. L. 101–336, which is also referred to as the ‘‘ADA.’’...
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§ 38.97(b)
(b) Where provided, handrails or stanchions shall be sufficient to permit safe boarding, on-board circulation, seating and standing assistance, and alighting by persons with disabilities...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department continues to believe that requiring an individual to provide proof that he or she is a person with a disability is an unnecessary and burdensome invasion of privacy and may...