§ 35.139. Direct threat.
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/us/cfr/t28/s§ 35.139·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others.
(b)In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. \[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010\]
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§ 35.139
Direct threat.
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