Reasonable Modification

The ADA Title II Regulations require the City to “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.” (28 CFR § 35.130(b)(7))

A reasonable modification is a change in rules, policies, or procedures to allow a member of the public with a disability an equal opportunity to participate in a City program, service or activity. 

Examples include:

• • Allowing a person with a mobility disability who is waiting in line to pay a parking ticket to sit and preserve their spot in line instead of standing in line

  • Allowing a personal care assistant to accompany a person with a disability, at no charge, during a Senior Center pottery class

  • Granting a zoning variance to allow a business owner to install an entrance ramp

  • Modifying a “no vehicles” policy in a City park to allow an individual with a mobility disability to use a mobility assistance device such as a Segway

  • Training recreation staff to monitor the insulin pump for or give an insulin injection to a summer camp participant with diabetes

  • Allowing alternative methods of signing a document when someone cannot physically sign due to their disability

  • Modifying a “no pets” policy at a City building to permit the use of service animals

  • Allowing a member of an advisory body that meets in person to participate remotely if they cannot attend in person due to a disability that limits time they can spend outside of their home or bed.

There is no definitive list of reasonable modifications. Each request must be considered on a case by case basis.

How is a “reasonable modification” different from a “reasonable accommodation”

ADA Title I applies to Employment - this is where the requirement to provide “reasonable accommodations” is located.

ADA Title II applies to programs, services, and activities of state and local governments - this is where the requirement to provide “reasonable modification” is located.

The requirements and exceptions applicable to reasonable accommodations under ADA Title I are separate and distinct from the requirements and exceptions applicable to reasonable modifications under ADA Title II. 

HOWEVER - because the public is familiar with the phrase “reasonable accommodations” this is the phrase the City uses when providing information to the public about how to request reasonable modifications. Also, California law sometimes uses the terms interchangeably.  

Are there exceptions to providing reasonable modifications?

The City is not required to provide a reasonable modification if it can demonstrate that doing so would fundamentally alter the nature of the program, service, or activity. 

A fundamental alteration is a change so significant that it alters the essential nature of the program, service, or activity. 

Examples of fundamental alteration include:

• • Allowing an individual who is blind to touch delicate works of art if the art would be damaged or its integrity threatened

  • Moving a beach volleyball tournament to an indoor court with a prepared surface

Note: Additional exceptions apply to requests for auxiliary aids and services for effective communication, which are sometimes referred to as “accommodations” by requestors and City staff. 

Are there any other circumstances when the City is not required to provide a reasonable modification? 

Yes. There are two: 

1. The City is allowed to impose legitimate safety requirements necessary for the safe operation of the program, service, or activity. The safety requirements must be based on actual risk and not mere speculation, stereotypes, or generalizations about people with disabilities. 

For example, it is likely a legitimate safety requirement for a wilderness tour program to require participants to meet a necessary level of swimming proficiency in order to participate in a rafting expedition, so modifying that requirement would likely not be required. 

2. The City is not required to permit an individual to participate in services, programs, or activities when that individual poses a direct threat to the health or safety of others. 

For example, a youth after school program may not be required to modify its disciplinary policies requiring suspension when a participant hits another person.

However, before making a determination that a direct threat exists, the City is required to conduct an individualized assessment, based on reasonable judgment that relies on current knowledge or on the best available objective evidence to determine: 

• • • • • Nature, duration, and severity of risk;

        • Probability that the potential injury will actually occur;

        • Whether reasonable modification of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

What is “reasonable”?

Under the ADA Title II regulations, the dictionary definition of “reasonable” is not part of assessing a request for reasonable modification. Instead, a request is considered reasonable unless it would result in a fundamental alteration to the nature of the program, service, or activity, or one of the other circumstances discussed in the prior question apply. 

Can the City require a minimum amount of notice between when the request is submitted and when the requirement needs to be fulfilled?

No. The City must make a good faith attempt to fulfill a reasonable modification request, regardless of when it is received. 

However, the City can request advance notice. The City’s template Accessibility Statement requests at least 5 business days' advance notice, but notes that the City will make every effort to fulfill requests received with less notice.

Can the City charge for reasonable accommodations?

No, reasonable modifications must be provided at no cost to the requestor. This requirement is included in the Template Department/Office Procedures, provided below.

Can the City require requests to be submitted in a specific format (i.e. in writing) or to a specific person (i.e. the Department’s ADA Liaison)?

No, the requests for reasonable modification may be submitted by any method and to any City employee. This requirement is included in the Template Department/Office Procedures, provided below, which are intentionally structured to account for any staff who interacts with the public receiving a reasonable modification request. 

The City can, however, ask for requests to be submitted in a specific format and/or to a specific location. The City’s template Accessibility Statement includes options for directing requestors to the MyLA311 Disability Accommodation Request topic, or to include a specific contact within your department. 

Is the City required to provide reasonable modifications for events sponsored by other entities?

Probably not. The City is only required to provide reasonable modifications for programs, services, and activities it provides directly or through contractual, licensing, or other arrangements. 

I received a request from a person with a disability that I think (or know) is a reasonable modification request, but I don’t know what to do. Can anyone help me?

Yes. You may contact your Department’s ADA Title II Liaison or submit a technical assistance request to the Department on Disability.

If your department has adopted ADA Title II Accommodation Procedures (template provided below), that is also a good place to look for instructions. 

Template Department/Office Procedures - ADA Title II Accommodations

These Template Department Procedures are provided as a tool to assist City Departments and Offices with establishing procedures for receiving, assessing, and responding to requests for Reasonable Accommodations and Auxiliary Aids and Services for Effective Communication.

Departments and Offices should tailor their ADA Title II Accommodations Procedures to meet their operational needs, and provide all Department/Office staff who interact with the public with training on the procedures.

To request DOD assistance with developing your ADA Title II Accommodation Procedures, request technical assistance request.