(a) The Board shall take appropriate steps to ensure
effective communication with applicants, participants, personnel of
other federal entities, and members of the public.
(1) The Board shall furnish appropriate
auxiliary aids where necessary to afford an individual with a disability
an equal opportunity to participate in, and enjoy the benefits of,
a program or activity conducted by the Board.
(i) In determining what type of auxiliary
aid is necessary, the Board shall give primary consideration to the
requests of the individual with a disability.
(ii) The Board need not provide individually
prescribed devices, readers for personal use or study, or other devices
of a personal nature.
(2) Where the Board communicates with employees and others by telephone,
telecommunication devices for deaf persons (TDDs) or equally effective
telecommunication systems shall be used.
(b) The
Board shall ensure that interested persons, including persons with
impaired vision or hearing, can obtain information as to the existence
and location of accessible services, activities, and facilities.
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(c) The Board shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The international
symbol for accessibility shall be used at each primary entrance of
an accessible facility.
(d) This section does not require the
Board to take any action that 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 section 268.709
would result in such alterations or burdens. The determination that
compliance would result in such alteration or burdens must 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
required to comply with this section 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, to the maximum extent possible, individuals with a disability
receive the benefits and services of the program or activity.
