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CFR > Title 28 - Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES > SUBPART B—General Requirements (§35.130 to §35.139) > 35.139—Direct threat.

CFR

35.139—Direct threat.

(a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity 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 public entity 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 modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

Code of Federal Regulations

[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010]
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