In those cases where permits are required, the Department should use “date of permit application’’ as the effective date triggering event, and if no permit is required, the Department should...
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Triggering event
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
As explained in Q5, in determining if a student has a disability, the school district should ensure that it follows the expanded Amendments Act interpretation of disability, including the...
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Department of Transportation Disability Law Guidance: Use of "Segways" on Transportation Vehicles
., transit authorities, Amtrak) should permit the “Segway” personal transportation device to be used on transportation vehicles when used as a mobility device by people with disabilities...
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"Doing work'' or "performing tasks.'' (Section-by-Section Analysis)
These commenters argued that the Department should emphasize the performance of tasks instead. The Department disagrees....
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Providing minimal protection. (Section-by-Section Analysis)
The Department received many comments in response to the question of whether the ‘‘minimal protection'' language should be clarified....
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E102.1 Incorporation by Reference (Section-by-Section Analysis)
Most of these standards are widely used and, therefore, should be familiar to many regulated entities....
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Triggering event. (Section-by-Section Analysis)
In those cases where permits are required, the Department should use "date of permit application'' as the effective date triggering event, and if no permit is required, the Department should...
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Surfaces for Outdoor Recreation Access Routes
During the planning process, potential surface materials should be evaluated for noticeable distortion or compression during the season(s) of managed use and for stability under normal weather...
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Program requirements. (Section-by-Section Analysis)
In the NPRM, the Department also sought input on whether it should establish a program accessibility requirement that public entities modify additional cells at a detention or correctional...
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Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
These commenters argued that the Department should emphasize the performance of tasks instead. The Department disagrees....
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Re: Single User Restroom Accessibility
DSA should amend CBC to eliminate use of triangle or circle at doorways for the uses subject to related statute and require use of unisex symbol instead....
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Conflict of Law Waivers and Equivalent Alternative Determinations
Many commenters advocated that the Department should defer to foreign laws, rules, and guidance, or accept them as equivalent for purposes of compliance with Part 382....
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Section 36.406(e) Housing at a Place of Education (Section-by-Section Analysis)
One commenter stated that the Department should adopt the residential facilities standards for housing at a place of education....
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Standards that exclude an entire class of individuals with disabilities
Employers who have such standards should review them carefully. In most cases, they will not meet ADA requirements....
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Mobile or Portable Amusement Rides
Subject to these general requirements, mobile or portable amusement rides should be located on an accessible route and the load and unload areas serving a ride should provide a level wheelchair...
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7. Seating Accommodations
Seating Accommodations In the Oxygen NPRM, we asked whether a passenger who uses a ventilator, respirator, CPAP machine or an FAA-approved POC should be given priority over users of other...
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(3) Adjustability: Transfer Surface Intermediate Heights
In addition to the matter of low transfer height, the Access Board sought public comment in question 14(c) on whether the final rule should require intermediate heights between a minimum...
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4. Substitution of Class Representative
Should it be found wanting, the court may seek a substitute representative or even decertify the class."); Wade v....
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"Qualified Small Business" (Section-by-Section Analysis)
The Department believes that the size standards SBA has developed are appropriate for determining which businesses subject to the ADA should be subject to the proposed safe harbor provisions...
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Companions. (Section-by-Section Analysis)
)(i) defines "companion" as "a family member, friend, or associate of a program participant who, along with the participant, is an appropriate person with whom the public accommodation should...
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Safe harbor.
The Department invites comment on whether public entities that operate existing facilities with play or recreation areas should be exempted from compliance with certain requirements in the...
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G. Completing the Survey and Checklist
You should write down all answers and notes for use later in the planning process. If a photo is taken of a particular element or condition, then you should note this on the checklist....