2011 U. S. App. Lexis 24986, 1 of 1 document



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§ 12132; accord 29 U.S.C. § 794(a). The Department of Justice has promulgated regulations implementing the ADA. See 42 U.S.C. § 12134(a). One of the regulations is the so-called "integration mandate," providing that "[a] public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." 28 C.F.R. § 35.130(d). The "most integrated setting" is the one that "enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible." Id. Part 35, App. B (2011). The regulation also provides that "[a] public entity [*43] shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." Id.


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