How does title II affect participation in a State or local governments programs, activities, and services?
A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification.
Related Questions
- Which State and Federal Laws Require Arts Programs, Services, Facilities and Activities Be Accessible to People with Disabilities?
- Does Title II of GINA have any impact on state or local laws addressing genetic discrimination in employment?
- How does title II affect participation in a State or local governments programs, activities, and services?
