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28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis

Note: This regulation or portion of the regulations was replaced by the Department of Justice’s updated ADA regulations in 2010; which were also amended in 2016. It may not be complete or currently applicable. Click here to view the current ADA Title II Regulations.

‘‘Individual with a disability’’ means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis of such use. The phrase ‘‘current illegal use of drugs’’ is explained in § 35.131.

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