Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing

Reasonable Modification /Accommodation

In addition to alteration and program accessibility obligations, public entities may have an obligation under title II and Section 504 to undertake curb ramp construction or alteration as a “reasonable modification/accommodation” in response to a request by, or on behalf of, someone with a disability.  Such a request may be made to address a non-compliant curb ramp outside of the schedule provided in the public entity’s transition plan.  A public entity must appropriately consider such requests as they are made.  28 CFR 35.130(b)(7); 49 CFR 27.7(e).

Deccember [sic] 1, 2015