Consequently, the Access Board has not determined whether the proposed guidelines are an economically significant regulatory action.48 The Access Board will analyze the information received...
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Executive Orders 12866 and 13563
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III-4.3600 Limitations and alternatives
"Undue burden" is defined as "significant difficulty or expense. " Among the factors to be considered in determining whether an action would result in an undue burden are the following...
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F - number system
F - number system The F - number system, ASTM E 1155, Standard Test Method for Determining FF Floor Flatness and FL Floor Levelness Numbers, was developed primarily to aid in the construction...
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Student Evaluations and Placement Under Section 504
school delays or denies the evaluation.45 In some circumstances, the IDEA evaluation process may provide the school district with the necessary information, required by Section 504, to determine...
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III-4.4200 Readily achievable barrier removal
How does a public accommodation determine when barrier removal is readily achievable? Determining if barrier removal is readily achievable is necessarily a case-by-case judgment....
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III. ACTIONS TO REMEDY NONCOMPLIANCE WITH ACCESSIBILITY REQUIREMENTS AT QUIKTRIP STORES
In determining compliance, the ILA may not rely on equivalent facilitation in lieu of compliance with a particular Standard, or an innovative site-specific accessibility solution, unless...
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28. Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant?
the employee is qualified for a specific position, the employer can discuss with the employee his/her qualifications.(88) An employer should proceed as expeditiously as possible in determining...
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Scenario 6 – Disagreement Over Need to Evaluate
For example, even if Maya’s disease did not interfere with her ability to attend school, she might still be determined to be a student with a disability under Section 504 because the disease...
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II. Summary of Significant Issues Raised By the Public Comments in Response to the Initial Regulatory Flexibility Certification.
The majority of those comments addressed the application of factors to be considered in determining whether compliance with the act was "readily achievable."...
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382.19 May carriers refuse to provide transportation on the basis of disability?
In using its authority to make a direct threat determination and exclude a passenger, a carrier must not act inconsistently with other provisions of Part 382....
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§ 382.63 Carrier programs
(3) If the Department determines that any portion of a carrier’s plan must be amended, or provisions added or deleted, in order for the carrier to comply with this part, DOT will direct...
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ADOPTION OF A 19 INCH HEIGHT MINIMIZES COSTS TO HEALTH CARE PROVIDERS
consensus commending a departure from the existing broadly accepted transfer surface height maximum of 19 inches, information related to costs is especially critical to take into account in determining...
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Scenario 3 – Disabilities in Remission
How would a group of knowledgeable persons determine if Omar has a disability?...
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Q11: What must a school district do for a student who has a disability but does not need any special education or related services?
If, as a result of a properly conducted evaluation, the school district determines that the student does not need special education or related services, the district is not required to provide...
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Undue Burden
This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion....
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(1) Site impracticality
For covered multifamily dwellings without elevators, the final Guidelines provide two alternative tests for determining site impracticality due to terrain....
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Instructions
The Checklist contains common ADA problems identified during surveys of lodging facilities and will help you to determine if these problems exist at your lodging facility....
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1. My business does not need to be compliant because the building is old and therefore is grandfathered.
This is an ongoing obligation, meaning you are required to periodically evaluate the barriers in your facility that are not "readily achievable" to determine if barrier removal can be accomplished...
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Foot Travel on Trails and Roads With Restrictions
Department of Agriculture has determined that a minimum of 36 inches (915 millimeters) of clear passage must normally be provided around or through the gate, berm, or other restrictive device...
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The Inspection Team
In determining who will accompany your team, you should determine what gaps your group may have and fill them with expertise in state and federal access codes, Title III of the ADA,(link...
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AIAU ADA Tolerances and Acceptable Measurements Training Course 1.5 LUs
conditions affecting accessibility and ADA compliance, how those measurements are critical in understanding and applying the tolerances language, and what types of field conditions affect the determination...
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What barriers will it be "readily achievable" to remove?
There is no definitive answer to this question because determinations as to which barriers can be removed without much difficulty or expense must be made on a case-by-case basis....
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UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
Plaintiffs—two non-profit advocacy organizations and two disabled individuals who represent a class of similarly situated individuals—move for summary judgment seeking a determination that...
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III-5.4200 Professional office of a health care provider
How will the Department of Justice determine whether a facility was designed or intended for occupancy by a health care provider?...