Thread Subject: Re: SubpartADefinitions-FundamentalAlterations-Action Needed

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From: Diane Golden
Date: Tue, May 01 2007 12:10 PM

The current language of 508 1194.3 (E) reads "This part shall not be
contrued to require a fundamental alteration in the nature of A PRODUCT OR
ITS COMPONENTS." So for purposes of a 508, a definition of fundamental
alteration will only apply to products or product components.

Diane Cordry Golden, Ph.D., Director
Missouri Assistive Technology
816/350-5280 (direct voice)
= EMAIL ADDRESS REMOVED =
www.at.mo.gov <http://www.at.mo.gov>

-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ]On Behalf Of Lybarger,
Barbara (MOD)
Sent: Tuesday, May 01, 2007 12:44 PM
To: TEITAC Subpart A Subcommittee
Subject: Re: [teitac-subparta]
SubpartADefinitions-FundamentalAlterations-Action Needed


Fundamental alteration and undue burden are often discussed together,
because the are both defenses for not complying with the ADA and or the
Rehab Act. That does not alter the accuracy of my point. Here is what
Justice has to say about the fundamental alteration and undue burdens
defenses.


... fundamental alteration in the nature of its program or activity or in
undue financial and administrative burdens. This determination can only be
made by the head of the public entity or his or her designee and must be
accompanied by a written statement of the reasons for reaching that
conclusion. The determination that undue burdens would result must be based
on all resources available for use in the program. If an action would result
in such an alteration or such burdens, the public entity must take any other
action that would not result in such an alteration or such burdens but would
nevertheless ensure that individuals with disabilities receive the benefits
and services of the program or activity. DOJ Technical Assistance Manual,
Sec. II-5.1000.

As I suggested earlier, it is the alteration to the government program that
is at issue, not the technology which should be serving the program.



Barbara Lybarger



_____

From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Weinstein,
Michael
Sent: Tuesday, May 01, 2007 9:17 AM
To: TEITAC Subpart A Subcommittee
Subject: Re: [teitac-subparta] Subpart
ADefinitions-FundamentalAlterations-Action Needed


In the Section 508 context fundamental alteration should focus on the
functionality of the product. The issues you raise are more accurately
addressed under undue burden.


Michael Weinstein, Esq.
Contracts
Systems Research and Applications Corporation
3434 Washington Boulevard
Arlington, VA 22201
Ph: 703-284-6165
Fax: 703-284-3170

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_____

From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Lybarger,
Barbara (MOD)
Sent: Tuesday, May 01, 2007 9:02 AM
To: TEITAC Subpart A Subcommittee
Subject: Re: [teitac-subparta] Subpart A
Definitions-FundamentalAlterations-Action Needed



___ I can accept this definition.
_X_ I can accept this definition with changes. I'm recommending that the
group consider the following changes:

Fundamental Alteration: A change in the basic purpose, critical
function, or characteristics of a product or service governmental activity
or function.

I would prefer this language because it is more consistent with how
fundamental alteration is used and interpreted in the rest of the ADA and
the Rehab Act. This is meant to be a very narrow exception and related to
the functioning of the government activity, not a particular pieces of
technology.

Barbara

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