How would a group of knowledgeable persons determine if Omar has a disability?...
Search Results "Programmatically Determinable"
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Scenario 3 – Disabilities in Remission
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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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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?...
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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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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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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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Subpart F—Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
the Department proposed adding language to renumbered § 36.606 (previously § 36.607) to explain the effect of the 2010 Standards on the codes of State or local jurisdictions that were determined...
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When is accessibility required for a live work conversion project?
Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction I would appreciate your review and feedback on this project...
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Subpart F-Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
Second, the Department proposes that the requirement in § 36.605 (proposed § 36.604) (i.e., if the Assistant Attorney General makes a preliminary determination of equivalency, he or she...
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Clear Floor Space: ADA Standard Section 606.2
Section 606.2 covers the current ADA Standards for clear floor space at lavatories and sinks.
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General: ADA Standard Section 706.1
Each has different advantages and disadvantages that can help determine which system is best for a given application....
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Boat Slips: ADA Standard Section 235.2
Section 235.2 covers scoping requirements in the current ADA Standards for boat slips.
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Additional Number and Types: ADA Standard Section 240.2.1.2
Section 240.2.1.2 covers scoping requirements in the current ADA Standards for additional number and types of ground level play components.
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11B-240.2.1.2 Additional number and types
area includes two or more composite play structures designed for the same age group, the total number of elevated play components on all the composite play structures must be added to determine...