The Department received no comments objecting to its proposed language for these provisions and has retained it in the final rule....
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Sections 35.108(e) and 36.105(e)—Has a Record of Such an Impairment
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Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments)
Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments) Section 36.301 of the rule prohibits the imposition or application of eligibility criteria that...
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Section 37.49 Designation of Responsible Person(s) for Intercity and Commuter Rail Stations
To help accommodate such situations, the rule refers to passenger boardings “over the entire period during which the station is made accessible.”...
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1. What are the basic requirements of ADA Title II and Section 504?
to participate in and benefit from the programs, services and activities of the entity;36 they are also prohibited from using methods of program administration, which includes written rules...
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Section 1630.2(j)(1)(vii) Impairments That Are Episodic or in Remission
The legislative history provides: “This * * * rule of construction thus rejects the reasoning of the courts in cases like Todd v. Academy Corp. [57 F. Supp. 2d 448, 453 (S.D....
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Effective Communication Provisions
Remember, the purpose of the effective communication rules is to ensure that the person with a communication disability can receive information from, and convey information to, the covered...
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M305.2.8 Fittings (Section-by-Section Analysis)
Therefore, the Access Board has revised this provision in the final rule to require that transfer supports do not rotate in their fittings when in place for transfer (M305.2.8)....
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a) ADA
Citing Lonberg, this Court has likewise ruled that there is no private of action to enforce ADA regulations requiring the creation and implementation of a self-evaluation plan....
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Costs to Provide Accessible Pedestrian Signals and Pedestrian Pushbuttons (Section-by-Section Analysis)
at 13,095 signalized intersections on an annual basis based on the following assumptions: There are over 300,000 existing signalized intersections in the United States using a rule-of-thumb...
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23. Q: What types of modifications in law enforcement policies, practices, and procedures does the ADA require?
Example: A department modifies a rule that prisoners or detainees are not permitted to have food in their cells excet at scheduled intervals, in order to accommodate an individual with diabetes...
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
Elements in existing facilities that are not altered after the effective date of this rule, and that comply with the 1991 Standards, are not required to be modified in order to comply with...
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CURRICULUM
For example, “bug-in-the-ear” communicators allow sideline coaches and instructors to personalize the “real-time” explanation of game rules and procedures based on the needs of individual...
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Element-by-Element Safe Harbor for Existing Facilities
The program access rules apply, and the 2010 Standards must be followed when structural change is needed to achieve program access....
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F. Availability of Materials Incorporated by Reference
The final rule incorporates by reference one voluntary consensus standard in T603.5, a standard from the International Organization for Standardization (ISO) concerning securement systems...
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407.3 Tactilely Discernible (Section-by-Section Analysis)
In addition, the Board is considering adding to the final rule a requirement that at least one type of input technology on ICT with touch screens be compatible with a prosthetic, similar...
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A. Medical equipment and furniture
The Department will not issue a final rule on medical equipment until the Access Board has completed its medical diagnostic equipment standards....
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"Qualified Reader" (Section-by-Section Analysis)
The final rule defines ‘‘qualified reader'' to mean ‘‘a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.''...
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Section 36.303(g)(2) General
Option 2 proposed deferring the decision whether to apply the rule's requirements to movie theater screens (auditoriums) showing analog movies and considering additional rulemaking at a...
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Section 36.203 Integrated Settings (Preamble, Section-by-Section Analysis)
The preamble to the proposed rule contained a statement that some interpreted as encouraging the continuation of separate schools, sheltered workshops, special recreational programs, and...
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T215 Communication Features
changes to the text of certain provisions to improve clarity, the scoping provisions in the 2016 Non-Rail Vehicle Guidelines for communication features are the same as in the proposed rule...
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Section 36.203 Integrated Settings (Section-By-Section Analysis and Response to Comments)
The preamble to the proposed rule contained a statement that some interpreted as encouraging the continuation of separate schools, sheltered workshops, special recreational programs, and...
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Side reach (Section-by-Section Analysis)
or alterations, but do not in fact comply with those standards, will need to be brought into compliance with the 2010 Standards as of 18 months from the publication date of this final rule...
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4. Coverage of Real-Time Text
Commenters representing people with disabilities strongly supported inclusion of RTT functionality requirements in the proposed rule....