The burden of proof in demonstrating equivalent facilitation rests with the covered entity in the event of a legal challenge....
Search Results "Financial Burden"
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Use of the ISA Under the ADA
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14. Who in a school district participates in the determinations about the provision of auxiliary aids and services under Title II? Does the ultimate decision maker differ depending upon whether the student is covered by the IDEA, Title II, or both?
The Title II regulations also address who should make determinations concerning whether a particular auxiliary aid or service would create a fundamental alteration or undue burden....
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Boating facilities. (Section-by-Section Analysis)
., with respect to boat slips and gangways) mitigate the burden on existing facilities?...
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I. Adoption of Final Guidelines
that appropriately implements the specific accessibility requirements of the Fair Housing Amendments Act of 1988, while avoiding design specifications that would impose an unreasonable burden...
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Discrimination is Prohibited
Carriers are not required to make modifications that would constitute an undue burden or would fundamentally alter their program. [Sec. 382.7(c)]...
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II-5.3000 Curb ramps
In addition, the fundamental alteration and undue burdens limitations may limit the number of curb ramps required....
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1. Introduction
Introduction Access Now and Settling Defendants, as proponents of the class settlements, bear the burden of demonstrating that these Agreements represent a fair and reasonable resolution...
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28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
at all times and for all showings whenever movies are produced, distributed, or otherwise made available with captioning and audio description unless to do so would result in an undue burden...
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1. Public Rights-of-Way
Section 504 covers any program or activity receiving federal financial assistance, including those that require compliance with federal regulations established by Department of Housing and...
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1. Public Rights-of-Way
Section 504 covers any program or activity receiving federal financial assistance, including those that require compliance with federal regulations established by Department of Housing and...
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Training requirement. (Section-by-Section Analysis)
A training and certification requirement would increase the expense of acquiring a service animal and might limit access to service animals for individuals with limited financial resources...
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Title II Regulations
Public educational institutions that are subject to Education's Section 504 regulations because they receive Federal financial assistance from us are also subject to the Title II regulations...
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Training requirement. (Section-by-Section Analysis)
A training and certification requirement would increase the expense of acquiring a service animal and might limit access to service animals for individuals with limited financial resources...
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1. Making Facilities Accessible and Usable
is readily accessible to and useable by persons with disabilities, unless this would cause a "fundamental alteration" in the nature of the program or service, or would result in "undue financial...
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Case Study #1: Auxiliary aids and services under Title II are different from special education and related services under the IDEA.
Because the CART services would not result in a fundamental alteration or in undue financial and administrative burdens, Tommy will receive CART services as an auxiliary service under Title...
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PURPOSE AND LEGAL AUTHORITY
that ensures federal employees with disabilities have comparable access to and use of such information and data relative to other federal employees, unless doing so would impose an undue burden...
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Play areas. (Section-by-Section Analysis)
accessible facility unless the public entity can demonstrate that providing the accessible facility would result in a fundamental alteration in the nature of its program or activity or in undue financial...
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National Disability Institute
Through the power of collaboration with federal agencies, major corporations, financial institutions and nonprofit organizations, NDI has brought new attention to the possibilities of economic...
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4. What types of child welfare programs and activities are covered by these laws?
programs, services, and activities of state and local governments, their agencies, and departments.54 Similarly, Section 504 applies to all of the activities of agencies that receive Federal financial...
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Before January 26, 1992
Keep in mind, however, that sometimes making architectural changes is the best solution financially or administratively, or because it furthers the ADA’s goal of integration. 25 28...
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9.5 Do the ADA's Pre-Employment Inquiry and Confidentiality Restrictions Prevent an Employer from Filing Second Injury Fund Claims?
Most states have established "second injury" funds designed to remove financial disincentives in hiring employees with a disability....
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Q3: Does the Amendments Act alter the Individuals with Disabilities Education Act (IDEA)?
The IDEA provides Federal financial assistance to states, and through them to local educational agencies or school districts, to assist in providing special education and related services...
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B. State Agencies Performing Oversight Responsibilities
(A “subrecipient,” in this context, is a local agency or vocational education center that receives financial assistance through a State agency.)...
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ENDNOTES
Federal financial assistance can be direct or indirect. Jacobson v. Delta Airlines, Inc., 742 F.2d 1202, 1211 (9th Cir. 1984). ii Ibid. iii Ibid....
