When is a Program Modification a Fundamental Alteration or Undue Burden?
Under the ADA and Section 504, the question of whether a particular program change will be a fundamental alteration or undue burden is highly fact-specific. It depends on a number of factors, including the stated purpose of the program in the federal welfare law (PRWORA), state statutes, regulations and other materials; the cost of the program changes; and other factors. However the guidance does not give examples of modifications that would be a fundamental alteration or undue burden and explain why these program changes would not be required under the particular circumstances. Thus, it sheds little light on this issue. In fact, many modifications needed by people with disabilities will not be a fundamental alteration and undue burden. Many are plainly consistent with PRWORA’s goal of ending dependence of needy parents on government benefits by promoting job preparation. Many others are consistent with PRWORA’s goal of providing assistance to needy families so that children can be car
