The Education and Labor Committee report makes clear that the analysis of the term ‘‘individual with handicaps’’ by the Department of Health, Education, and Welfare (HEW) in its regulations...
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‘‘Disability.’’
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12201(f) Fundamental alteration
or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education...
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1.3 General Exceptions
1.3 General Exceptions: The code then provides general exceptions to the requirements in 11B-203.2 Many of these exceptions are applicable to public school, community college and higher education...
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Section 36.102 Application (Section-By-Section Analysis and Response to Comments)
accordance with section 309 of the ADA, to private entities that offer examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education...
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Hold and release of unsold accessible seating. (Section-by-Section Analysis)
For example, does the proposed regulation address the variable needs of assembly areas covered by the ADA?...
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Hold-and-release of unsold accessible seating. (Section-by-Section Analysis)
For example, does the proposed regulation address the variable needs of assembly areas covered by the ADA?...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
The Department has sought to find common ground by balancing the needs of businesses and individuals with mobility disabilities wishing to use other power-driven mobility devices with the...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
the Department's longstanding, well-established policy of not allowing public entities or establishments to require proof of a mobility disability....
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1.9.1.5
Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department...
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Analysis of Condition, Manner, or Duration Not Always Required
Analysis of Condition, Manner, or Duration Not Always Required As noted in the discussion above, the Department has added §§ 35.108(d)(3)(iv) and 36.105(d)(3)(iv) in the final rule to...
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1.9.1.5
Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department...
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1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification
Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department...
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Stages.
While the RIA quantifies the benefits for this proposed requirement (as it does for all of the proposed requirements) primarily in terms of time savings, the Department fully appreciates...
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E. Training
The ADA does not specify how call takers must be trained, but the Department believes that the following are essential to proper training: Training should be mandatory for all personnel...
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III-7.8400 Business and mercantile
What does "one of each type" mean in a store where computerized check-out permits universal service at any cash register?...
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PUBLIC ENTITY
[DSA-AC] Any state or local government; any department, agency, special-purpose district, or other instrumentality of a state or local government....
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Subpart F-Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
The certified code, however, remains within the authority of the adopting state or local jurisdiction to interpret and enforce: certification does not transform a state's building code...
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382.7 To whom do the provisions of this Part apply?
The rule provides several examples of what constitutes a “flight” and what does not....
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Section 36.303(g)(2) General
This regulation does not change the availability of this compliance limitation nor the circumstances under which it can be asserted....
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Section 36.404 Alterations: Elevator Exemption (Preamble, Section-by-Section Analysis)
It has been brought to the attention of the Department that there is some misunderstanding about the scope of the elevator exemption as it applies to the professional office of a health...
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M. Remedial Action in Behalf of Persons With Limited English Language Skills
on the basis of their limited English language skills, the recipient will be required to submit a remedial plan that insures national origin minority students equal access to vocational education...
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3. Grievance Procedure
Sept. 17, 2010)) ("'The failure of a Title II public entity to adequately implement or abide by internal complaint procedures does not itself state an ADA claim, because the statute does...
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Safe harbor for qualified small businesses. (Section-by-Section Analysis)
The Department does not believe that the error substantively affected the comments on this issue....
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Swimming pools. (Section-by-Section Analysis)
As noted earlier, the program accessibility requirement does not require public entities to make structural modifications to existing facilities except where such modifications may be necessary...