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(9.31) Can programs or activities refuse to include me because of how my disability affects me?

(9.31) Can programs or activities refuse to include me because of how my disability affects me?

A program or activity cannot refuse you for being a liability risk. The program must evaluate to decide if you are a risk, considering your ability and experience. The evaluation must see if reasonable accommodations, like policy changes and adaptive equipment, would lower your risk enough for you to participate.

Even if your disability affects your behavior, a program can only exclude you from an activity if your behavior is a direct threat to others. Disruptive or annoying behavior does not threaten others physically. You must have an assessment before a program can exclude you for this. The assessment must consider if reasonable accommodations can lower the threat. Reasonable accommodations can be changing procedures or rules, training staff, adding more staff, or developing a behavior plan for handling problem behavior. The program must give you the accommodations you need unless it would be too expensive, too difficult, or would greatly change the activity or program.