8 CCR 1501-11.11 - [Effective until 6/30/2025] Reasonable Accommodations or Modifications
A. In general and
in accordance with the Americans with Disabilities Act (ADA) Titles I and II
(42 U.S.C.
12101 et seq.), if an individual with a
disability, on the basis of disability, cannot access or does not have equal
access to a program, service, or activity through a public entity's ICT, the
public entity shall make reasonable accommodations or modifications for
alternative access when the modifications are necessary to avoid discrimination
on the basis of disability, unless the public entity can demonstrate that
making such modifications would fundamentally alter the nature of the service,
program, or activity, present an undue burden, or pose a direct threat to the
health or safety of others.
B. Each
public entity shall post a prominent notice describing the methods to request
reasonable accommodations or modifications for ICT.
C. A public entity may not provide services
or benefits to individuals with disabilities through programs that are separate
or different, unless the separate programs are necessary to ensure that
services are equally effective.
D. A
public entity cannot require an individual with a disability to pay to cover
the cost of measures, such as providing auxiliary aids or barrier removal, that
are required to provide that individual with nondiscriminatory
treatment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. In general and in accordance with the Americans with Disabilities Act (ADA) Titles I and II (42 U.S.C. 12101 et seq.), if an individual with a disability, on the basis of disability, cannot access or does not have equal access to a program, service, or activity through a public entity 's ICT, the public entity shall make reasonable accommodations or modifications for alternative access when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making such modifications would fundamentally alter the nature of the service, program, or activity, present an undue burden , or pose a direct threat to the health or safety of others.
B. Each public entity shall post a prominent notice describing the methods to request reasonable accommodations or modifications for ICT.
C. A public entity may not provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that services are equally effective.
D. A public entity cannot require an individual with a disability to pay to cover the cost of measures, such as providing auxiliary aids or barrier removal, that are required to provide that individual with nondiscriminatory treatment.