have to be followed if: the public entity can demonstrate that another equally effective means of communication is available; use of the means chosen would result in a fundamental...
Search Results "Fundamental Alteration"
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3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?
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II-3.6100 General
If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification...
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H. MISCELLANEOUS
segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the Cavs can demonstrate that taking those steps would fundamentally...
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V. Modifications in Policies, Practices, and Procedures
A modification is not required if it would "fundamentally alter" the goods, services, or operations of the public accommodation....
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§ 37.169 Process to be used by public entities providing designated public transportation service in considering requests for reasonable modification
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II-7.1000 Equally effective communication.
A. [Insert the following text after ILLUSTRATION 2, p. 38.] ILLUSTRATION: S, who is blind, wants to use the laundry facilities in his State university dormitory. Displayed on the...
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23. Q: What types of modifications in law enforcement policies, practices, and procedures does the ADA require?
reasonable modifications in their policies, practices, and procedures that are necessary to ensure accessibility for individuals with disabilities, unless making such modifications would fundamentally...
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Q25. When can service animals be excluded?
The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided...
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Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?
When might a service dog's presence fundamentally alter the nature of a service or program provided to the public? A....
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Reasonable Modification of Policies and Procedures
Any modification that would result in a "fundamental alteration" -- a change in the essential nature of the entity's programs or services -- is not required....
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III-4.2000 Reasonable modifications
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§35.150 Existing Facilities
This paragraph provides that, in meeting the program accessibility requirement, a public entity is not required to take any action that would result in a fundamental alteration in the nature...
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III-4.2100 General
If the public accommodation can demonstrate, however, that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations...
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III-4.3000 Auxiliary aids
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III-4.3100 General
provide auxiliary aids and services that are necessary to ensure equal access to the goods, services, facilities, privileges, or accommodations that it offers, unless an undue burden or a fundamental...
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III-4.3600 Limitations and alternatives
A public accommodation is not required to provide any auxiliary aid or service that would fundamentally alter the nature of the goods or services offered or that would result in an undue...
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Two Steps for Airline Personnel
service animal presents either a “direct threat to the health or safety of others,” or a significant threat of disruption to the airline service in the cabin (i.e., a “fundamental...
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7. What is a reasonable modification?
A fundamental alteration can be a change that is so significant that it alters the essential nature of the public entity’s service, program, or activity. Id.; cf. U.S....
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What do I do if I believe that carriage of the animal in the cabin of the aircraft would inconvenience non-disabled passengers?
animal displays threatening behaviors by growling, snarling, lunging at, or attempting to bite other persons on the aircraft) or 2) cause a significant disruption in cabin service (i.e. a “fundamental...
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12. Is an agency required to arrange for services to parents and prospective parents with disabilities that are necessary to avoid discrimination but are not available within the agency’s programs?
available services from sources outside of the agency as a reasonable modification of its procedures and practices for parents with disabilities so long as doing so would not constitute a fundamental...
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FUNDAMENTALLY ALTER THE NATURE OF… {35.130}
FUNDAMENTALLY ALTER THE NATURE OF… {35.130} “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination...
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How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?
passenger with a disability must be honored (see sections 382.83(c) and 382.93) Part 382 does not require carriers to make modifications that would constitute an undue burden or would fundamentally...
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Fundamental Alteration
A modification that substantially alters the basic nature or purpose of a program, service, product or activity....
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NOT REQUIRED {35.150}
NOT REQUIRED {35.150} Any action that would fundamentally alter the nature of a service, program or activity Result in undue financial and administrative burdens...