Thread Subject: Re: fundamental alteration
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From: Hoffman, Allen
Date: Tue, Jan 16 2007 5:10 PM
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Concerning the fundamental alteration exception, I think we need to
clarify the language to note that application of the exception can be
for services, and should only be scoped to the part of the acquisition
appropriate. Let me give an example.
A e-learning item is developed which includes a "live" simulation what
requires visual and auditory interaction and time-sensitive
interpretation of both in a real-time like setting. While the
e-learning item for that portion may need a fundamental alteration to
include the audio description required for visually impaired to use it,
and in fact would not work in that changed condition, all the other
materials, such as tests, reading materials, etc for that acquisition
are not covered by such an exception. Alternately, for acquisitions of
bundled sets of items, one item may meet fundamental alteration, while
the remainder of the items do not, so the scoping/application of the
exception must only be applied to the appropriate item only.
I think we can easily write something to address scoping of the
fundamental alternation exception that will make this clear.
DHS Office on Accessible Systems & Technology
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