ADA Frequently Asked Questions
Category: Title II: State & Local Governments
Question: #29
Is a state or local government always required to modify its policies when requested by a person with a disability?
Answer:
No. A state or local government (a.k.a. a public entity) only needs to make "reasonable" modifications in its policies, practices, or procedures to avoid discrimination and provide equal opportunity.
If the public entity can demonstrate that a requested modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. A fundamental alteration is something that would change the essential nature of theentity’s programs or services. For example, a local government would not be required to move a beach volleyball tournament to an indoor court.
A state or local government is also not required to take an action that would result in an undue financial and administrative burden. This means that the request would be too expensive and difficult to provide.
Rules that are necessary for the safe operation of a program, service, or activity are also allowed and can be enforced, but they must be based on actual risk, not on assumptions, stereotypes, or generalizations about people who have disabilities. For example, a parks and recreation department may require all participants in their agency-sponsored white-water rafting event to pass a swim test. It would not be a "reasonable" modification to eliminate this safety policy for a person with a disability due to the actual risk of harm to someone who cannot swim to safety if their raft capsizes. However, it would also not be acceptable to only apply this safety policy to people with disabilities.
If a requested modification would not be reasonable, a state or local government has a responsibility to look at alternative modifications that would be reasonable, effective and provide access to the greatest extent possible.
Resource(s):
If the public entity can demonstrate that a requested modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. A fundamental alteration is something that would change the essential nature of theentity’s programs or services. For example, a local government would not be required to move a beach volleyball tournament to an indoor court.
A state or local government is also not required to take an action that would result in an undue financial and administrative burden. This means that the request would be too expensive and difficult to provide.
Rules that are necessary for the safe operation of a program, service, or activity are also allowed and can be enforced, but they must be based on actual risk, not on assumptions, stereotypes, or generalizations about people who have disabilities. For example, a parks and recreation department may require all participants in their agency-sponsored white-water rafting event to pass a swim test. It would not be a "reasonable" modification to eliminate this safety policy for a person with a disability due to the actual risk of harm to someone who cannot swim to safety if their raft capsizes. However, it would also not be acceptable to only apply this safety policy to people with disabilities.
If a requested modification would not be reasonable, a state or local government has a responsibility to look at alternative modifications that would be reasonable, effective and provide access to the greatest extent possible.
Resource(s):
