What is the test for making reasonable modifications in policies, practices or procedures of a public entity?

MultiRegion, United States of America

The following excerpt is from Pierce v. County of Orange, 519 F.3d 985 (9th Cir. 2008):

Generally, public entities must "make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."

[519 F.3d 1009]

Id. 35.130(b)(7); see McGary v. City of Portland, 386 F.3d 1259, 1265-67(9th Cir.2004).

[519 F.3d 1009]

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