ADA, TItle II (Olmstead) Duties to Make Reasonable Accommodations & Negotiate
from the code of federal regulations:
|
28 CFR § 35.164 Duties.
In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the 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. |
Lois Curtis, original Olmstead Plaintiff in the 1999 US Supreme Court decision holding that unnecessary institutionalization of people with disabilities amounts to discrimination under Title II of the Americans with Disabilities Act (ADA)
If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity.
|
28 CFR § 35.176 Alternative means of dispute resolution.
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part. |