(a) General. The Board
shall operate each program or activity so that the program or activity,
when viewed in its entirety, is readily accessible to and usable by individuals
with a disability. This paragraph (a) does not—
(1) necessarily require the Board to make
each of its existing facilities accessible to and usable by individuals
with a disability; or
(2) require
the Board to take any action that it can demonstrate would result
in a fundamental alteration in the nature of a program or activity
or in undue financial and administrative burdens. In those circumstances
where the Board believes that the proposed action would fundamentally
alter the program or activity or would result in undue financial and
administrative burdens, the Board has the burden of proving that compliance
with this paragraph (a) would result in such alterations or burdens.
The decision that compliance would result in such alterations or burdens
shall be made by the Board of Governors or their designee after considering
all Board resources available for use in the funding and operation
of the conducted program or activity, and must be accompanied by a
written statement of the reasons for reaching that conclusion. If
an action would result in such an alteration or such burdens, the
Board shall take any other action that would not result in such an
alteration or such burdens but would nevertheless ensure that individuals
with a disability receive the benefits and services of the program
or activity.
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(b) Methods. The
Board may comply with the requirements of this subpart H through such
means as redesign of equipment, reassignment of services to accessible
buildings, assignment of aides to individuals with a disability, home
visits, delivery of service at alternate accessible sites, alteration
of existing facilities and construction of new facilities, use of
accessible rolling stock, or any other methods that result in making
its programs or activities readily accessible to and usable by individuals
with a disability. The Board is not required to make structural changes
in existing facilities where other methods are effective in achieving
compliance with this section. In choosing among available methods
for meeting the requirements of this section, the Board shall give
priority to those methods that offer programs and activities to qualified
individuals with a disability in the most integrated setting appropriate.
(c) Time period for compliance. The Board shall comply with any obligations established under this
section as expeditiously as possible.
