§ 25.5-1-1105 — Exception for fundamental alteration of an entity's program

(1) A public or governmental entity is not required to comply with this part 11 if
doing so would require a fundamental alteration of the entity's program.

(2) (a) The following factors must be considered for purposes of evaluating a
fundamental alteration defense to not complying with this part 11:

(I) The amount of money the public or governmental entity allots, spends,
receives, or could receive if the entity applied for available federal funding to
provide services to qualified individuals with disabilities;

(II) All relevant costs, not just those funded by the single agency that
operates or funds the segregated or integrated setting for qualified individuals with
disabilities;

(III) Changes in the costs of the segregated setting compared with changes
in costs of community-based services;

(IV) Any possible transitional costs of converting from segregated to
integrated settings for qualified individuals with disabilities. Transitional costs may
be considered, but are not determinative.

(V) Whether the proposed modification results in the reduction or delay of
the receipt of community-based services for other individuals with disabilities.

(b) If a public or governmental entity decides to serve new qualified
individuals with disabilities in segregated settings after individuals with disabilities
in a plaintiff class are moved to integrated settings, rather than to close or
downsize the segregated settings, the costs associated with such a decision must
not be included in the fundamental alteration analysis.

Legislative History

Source: L. 2025: Entire part added, (HB 25-1017), ch. 231, p. 1095, � 2, effective August 6.