being communicated accurately and without bias. 52Prohibits exclusion from participation in or This regulation allows for the use of denial of the benefits of a program or service temporary modifications that will result because of an inaccessible or unusable facility. in making services, programs, and “A public entity is not required to make activities readily accessible to and structural changes in existing facilities where usable by individuals with disabilities. other methods are effective in achieving compliance.” § 35.149 - 150 70A public entity is not “necessarily” required to Every shelter facility is not required to make all of its facilities accessible and usable by be accessible under the ADA. The individuals with disabilities. However, in standard is that when viewed in its choosing how to meet the requirements of the entirety, the sheltering program is ADA, the entity must give priority to those accessible. When appropriate and facilities which provide the most integrated possible, the state or locality should setting appropriate. § 35.150 (a) (1); (b) (1) select shelter facilities that allow for integration of individuals with disabilities in shelters. 54Also applies to public transportation services This applies to service animals on public prohibiting discrimination based on disability in transportation and refusing service the provision of services. § 37.5, § 37.21, § because of a disability. 37.23 71Prohibits charging a fee for any This includes personal assistance accommodations or services provided to ensure services, interpreters, or use of non-discrimination and compliance with the equipment. ADA. § 35.130(f)
being communicated accurately and without bias. 52Prohibits exclusion from participation in or denial of the benefits of a program or service because of an inaccessible or unusable facility. “A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance.” § 35.149 - 150 This regulation allows for the use of temporary modifications that will result in making services, programs, and activities readily accessible to and usable by individuals with disabilities. 70A public entity is not “necessarily” required to make all of its facilities accessible and usable by individuals with disabilities. However, in choosing how to meet the requirements of the ADA, the entity must give priority to those facilities which provide the most integrated setting appropriate. § 35.150 (a) (1); (b) (1) Every shelter facility is not required to be accessible under the ADA. The standard is that when viewed in its entirety, the sheltering program is accessible. When appropriate and possible, the state or locality should select shelter facilities that allow for integration of individuals with disabilities in shelters. 54Also applies to public transportation services prohibiting discrimination based on disability in the provision of services. § 37.5, § 37.21, § 37.23 This applies to service animals on public transportation and refusing service because of a disability. 71Prohibits charging a fee for any accommodations or services provided to ensure non-discrimination and compliance with the ADA. § 35.130(f) This includes personal assistance services, interpreters, or use of equipment.
FINAL_DRAFT_Sheltering_Strategy_Framework.docx