Who are “Qualified” Individuals with Disabilities?

To be qualified, the individual must meet the essential eligibility requirements for receipt of services or participation in Town programs, activities, or services with or without:

  • Reasonable modifications to a public entity’s rules, policies, or practices;
  • Removal of architectural, communication, or transportation barriers; or

Provision of auxiliary aids and services.Health and safety factors can be taken into account in determining who is qualified. An individual who poses a “direct threat” to the health or safety of others is not qualified. A direct threat is a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced to an acceptable level by accommodations or modifications to the program. This threat must be real and may not be based on generalizations or stereotypes about the effects of a particular disability.

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