Requirements that are necessary for safe operation of a program, service, or activity are allowed, but they must be based on a current, objective assessment of the actual risk, not on assumptions...
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Safety
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3. Does a community pool have to provide an accessible means of exit and entry?
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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§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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II-5.5000 Historic preservation programs
II−5.5000 Historic preservation programs. Special program accessibility requirements and limitations apply to historic preservation programs....
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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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20. Existing facilities
The section states that a recipients program or activity, when viewed in its entirety, must be readily accessible to and usable by handicapped persons....
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Hotel Reservations. (Section-by-Section Analysis)
The NPRM did not propose adding comparable language to the title II regulation as the Department believes that the general nondiscrimination, program access, effective communication, and...
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Integrated Setting
disability access to the regular program....
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Program requirements. (Section-by-Section Analysis)
Program requirements. In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v....
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Eligibility Criteria
Examples A city adult education program requires people who are blind to be accompanied by another adult in its classes. This is discriminatory....
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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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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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Title II of the ADA
II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs...
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Nondiscrimination in Federally Assisted Programs: Policy Interpretations
[4110-12] DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Office of the Secretary NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS Policy Interpretations INTRODUCTION The...
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II-5.0000 PROGRAM ACCESSIBILITY
[See subsections ...]
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II-5.0000 PROGRAM ACCESSIBILITY
Regulatory references: 28 CFR 35.149-35.150
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§ 35.150(b)(3) Historic preservation programs
(3) Historic preservation programs....
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§ 35.151(b)(2)
(2) The path of travel requirements of § 35.151(b)(4) shall not apply to measures taken solely to comply with the program accessibility requirements of this section....
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§ 35.151(b)(2)
(2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150...
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§ 35.150(b)(4) Reduced scoping for existing facilities
For measures taken to comply with the program accessibility requirements of this section, existing facilities shall comply with the applicable requirements for alterations in § 35.151 of...
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Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION CHAPTER I -- OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION PART 104 -- NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS...
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Saunas and steam rooms. (Section-by-Section Analysis)
Such an exemption is unnecessary because covered entities will not be subject to program accessibility requirements to make existing saunas and steam rooms accessible if doing so constitutes...
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Trees
Trees - The purpose of the program is to provide accessibility to sidewalks. However, trees that are the cause of sidewalk barriers will be preserved to the extent feasible....
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Alterations to cells and program access. (Section-by-Section Analysis)
access requirement for existing facilities under § 35.150(a), which states: "A public entity shall operate each service, program, or activity, so that the service, program, or activity,...