Fundamental alteration or undue burden

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A public entity is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens. In these circumstances, the public entity has the burden to prove such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or burdens, the public entity must ensure that individuals with disabilities receive the benefits or services provided.  

A public entity is not required to make structural changes in existing facilities when other methods are effective in achieving compliance. Some examples of other methods of access to a public entity's services, programs and activities include:

  • redesign or acquisition of equipment
  • reassignment of services to accessible buildings
  • home visits
  • delivery of services at alternate accessible sites
  • alteration of existing facilities and construction of new facilitiesv

28 CFR § 35.150 

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State and Local Government
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