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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.

§35.135 Personal Devices and Services

The final rule includes a new § 35.135, entitles ‘‘Personal devices and services,’’ which states that the provision of personal devices and services is not required by title II. This new section, which serves as a limitation on all of the requirements of the regulation, replaces § 35.160(b)(2) of the proposed rule, which addressed the issue of personal devices and services explicitly only in the context of communications. The personal devices and services limitation was intended to have general application in the proposed rule in all contexts where it was relevant. The final rule, therefore, clarifies this point by including a general provision that will explicitly apply not only to auxiliary aids and services but across-the-board to include other relevant areas such as, for example, modifications in policies, practices, and procedures (§ 35.130(b)(7)). The language of § 35.135 parallels an analogous provision in the Department’s title III regulations (28 CFR 36.306) but preserves the explicit reference to ‘‘readers for personal use or study’’ in § 35.160(b)(2) of the proposed rule. This section does not preclude the short-term loan of personal receivers that are part of an assistive listening system.

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