The Third Circuit, citing the legislative history of the ADA, underscored that the term “usability” should be broadly defined and has an expansive, remedial construction....
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(B) Staircase replacements are alterations that affect or could affect the usability of a public transportation facility or part thereof.
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§35.102 Application
This provision specifies that, except as provided in paragraph (b), the regulation applies to all services, programs, and activities provided or made available by public entities, as that term...
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An Overview of a Free Appropriate Public Education
Under the IDEA, FAPE is a statutory term.34 It requires a school district to develop an individualized education program (IEP) for each eligible student with a disability that sets out,...
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Enactment of the ADA and Issuance of the 1991 Regulations
The Access Board’s publication of the 2004 ADA/ABA Guidelines was the culmination of a long-term effort to facilitate ADA compliance by eliminating, to the extent possible, inconsistencies...
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General description of monetized benefits for water closet clearance in single-user toilet rooms—out-swinging doors (Req. #28)
This time savings is due to the revised water closet clearance standard, which permits, among other things, greater flexibility in terms of access to the toilet by parallel or side transfer...
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§35.102 Application (Section-by-Section Analysis)
This provision specifies that, except as provided in paragraph (b), the regulation applies to all services, programs, and activities provided or made available by public entities, as that term...
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Definition of "other power-driven mobility device.''
The Department's NPRM defined the term ‘‘other power-driven mobility device'' in § 36.104 as ‘‘any of a large range of devices powered by batteries, fuel, or other engines— whether or not...
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E. Assistive Technology
Because it is sometimes ambiguous whether a software product is serving as assistive technology, this proposed provision speaks in terms of “alternate user interface[s] that function[] as...
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Railings—Guardrails, Handrails, and Safety
The following explanations of terms are based on the International Building Code and the Architectural Barriers Act Accessibility Standards....
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About this Study
This series included seven surface treatments, and a control surface, installed in a series of outdoor test beds in Madison WI to gather field experience on long-term performance and durability...
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General description of monetized benefits for water closet clearance in single-user toilet rooms—out-swinging doors (Req. # 28)
This time savings is due to the revised water closet clearance standard, which permits, among other things, greater flexibility in terms of access to the toilet by parallel or side transfer...
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Section 36.406 Standards for New Construction and Alterations (Section-By-Section Analysis and Response to Comments)
According to section 504(b) of the Act, the guidelines are to establish additional requirements, consistent with the Act, "to ensure that buildings and facilities are accessible, in terms...
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Providing minimal protection. (Section-by-Section Analysis)
Commenters favoring clarification of the term suggested that the Department explicitly exclude the function of attack or exclude those animals that are trained solely to be aggressive or...
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Background
with adaptive equipment that people with disabilities commonly use for information and communication access. 1 Section 508 does not apply to national security systems, as that term...
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Definition of "other power-driven mobility device." (Section-by-Section Analysis)
The Department's NPRM defined the term ‘‘other power-driven mobility device'' in § 35.104 as ‘‘any of a large range of devices powered by batteries, fuel, or other engines— whether or not...
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II-6.3100 General principles
(Note that the similar term, "structural impracticability," is used in ADAAG (see item #3 above), but in ADAAG it is used in relation to new construction....
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Section 36.403 Alterations: Path of Travel (Preamble, Section-by-Section Analysis)
If a tenant is making alterations upon its premises pursuant to terms of a lease that grant it the authority to do so (even if they constitute alterations that trigger the path of travel...
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Safety Assistants/Attendants
The use of this term is intended to emphasize that the only reason a carrier may require another person to travel with a passenger with a disability is safety....
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Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
If a tenant is making alterations upon its premises pursuant to terms of a lease that grant it the authority to do so (even if they constitute alterations that trigger the path of travel...
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Section 36.309 Examinations and Courses (Section-by-Section Analysis)
Several testing entities raised concerns about and sought clarification regarding the Department's use of certain terms and concepts in the preamble, including ‘‘without further inquiry,...
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Epilogue
The disability community forced opponents to fight the battle on its own terms: opponents had to explain why disability advocates’ proposals should not be implemented....
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§35.151 New Construction and Alterations
Commenters criticized the Department’s use of descriptive terms in the proposed rule that are different from those used in the ADA to describe eligible historic properties....
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§35.151 New construction and alterations. (Section-by-Section Analysis)
Commenters criticized the Department's use of descriptive terms in the proposed rule that are different from those used in the ADA to describe eligible historic properties....
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NSS Questions and Concerns
Who is Red Cross accountable to in terms of the accuracy of the data?...