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Sec. 504 (29 U.S.C. 794)
51 FR 26862, July 28, 1986, unless otherwise noted.
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Subscribe to: 14 CFR 1251.110
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Nomenclature changes to part 1251 appear at 81 FR 3709, Jan. 22, 2016.
(a) This part does not require a recipient to permit an individual to participate in or benefit from the services, programs, or activities of that recipient 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 recipient 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 accommodations in policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
[81 FR 3711, Jan. 22, 2016]