FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150} Public entity has burden of proof for relief Decision must be made by head of the public entity after considering all...
Search Results "Fundamental Alteration"
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FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150}
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Do facilities in remote locations have to be accessible?
alter the program, environment, or historic resource....
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4. Obstructions
Fixed route operators would not have to establish flag stop or route-deviation policies, as these would be fundamental alterations to a fixed route system rather than reasonable modifications...
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9. Dedicated vehicles or special equipment in a vehicle
In all of these cases, the Department views meeting the request as involving a fundamental alteration of the provider's service....
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10. Exclusive or Reduced Capacity Paratransit Trips
A passenger's request for an exclusive paratransit trip may be denied as a fundamental alteration of the entity's services. Paratransit is by nature a shared-ride service....
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11. Outside of the Service Area or Operating Hours
This request would not be a reasonable modification because it would constitute a fundamental alteration of the entity's service....
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12. Personal Care Attendant (PCA)
It would be a fundamental alteration of the driver's function to provide PCA services of this kind....
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13. Intermediate Stops
Since paratransit is, by its nature, a shared ride system, requests that could disrupt schedules and inconvenience other passengers could rise to the level of a fundamental alteration....
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14. Payment
If the transportation agency requires payment to ride, then to provide a free service would constitute a fundamental alteration of the entity's service....
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15. Caring for Service Animals
A paratransit or fixed route passenger's request that the driver take charge of a service animal may be denied. Caring for a service animal is the responsibility of the passenger or...
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16. Opening Building Doors
that a request for “door-through-door” service (i.e., assisting the passenger past the door to the building) generally would not need to be granted because it could rise to the level of a fundamental...
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20. Luggage and Packages
Such assistance is a matter for the passenger or PCA, and providing this assistance would be a fundamental alteration of the driver's function....
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27. Hand-Carrying
Hand-carrying a passenger is also a PCA-type service which is outside the scope of driver duties, and hence a fundamental alteration....
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Title II Public Entity Facilities Compliance Fact Sheet
Limitations: It is not required that a public entity take any action that it can demonstrate would constitute a fundamental alteration in the nature of the service, program or activity...
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II-5.2000 Methods for providing program accessibility
In many situations, providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be...
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§35.150 Existing facilities
§35.150 Existing facilities.
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§35.150(a)(3)
(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and...
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EXHIBIT 1
alteration....
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Athletics and Extracurricular Activities
On the other hand, a modification might constitute a fundamental alteration if it alters such an essential aspect of the activity or game that it would be unacceptable even if it affected...
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G.1. - Are there any exceptions to the requirement to acquire EIT that meets the technical provisions of the Access Board's standards?
equipment (FAR 39.204(d) and 36 CFR 1194.3(f)); or would impose an undue burden on the agency (FAR 39.204(e) and 36 CFR 1194.2) In addition, agencies are not required to fundamentally...
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E202.5 Undue Burden or Fundamental Alteration (Section-by-Section Analysis)
Undue Burden or Fundamental Alteration (Section-by-Section Analysis) This section proposes to retain the provisions in existing 508 Standards §§ 1194.3(e) and 1194.2(a)(1), but would...
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§35.164 Duties
This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue...
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II-7.1000 Equally effective communication
This obligation, however, does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of its services, programs, or...
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A. ADA Basics for Emergency Management
steps necessary to ensure effective communication with people with disabilities.6 The ADA generally does not require state or local emergency management programs to take actions that would fundamentally...