(a) Recipients shall take appropriate steps to ensure that
communications with beneficiaries, applicants, eligible applicants,
participants, applicants for employment, employees and members of the
public who are individuals with disabilities, are as effective as
communications with others.
(b) A recipient shall furnish appropriate auxiliary aids or services
where necessary to afford individuals with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the JTPA-
funded program or activity. In determining what type of auxiliary aid or
service is necessary, such recipient shall give primary consideration to
the requests of the individual with a disability.
(c) Where a recipient communicates with beneficiaries, applicants,
eligible applicants, participants, applicants for employment and
employees by telephone, telecommunications devices for individuals with
hearing impairments (TDDs), or equally effective communications systems
shall be used.
(d) A recipient shall ensure that interested persons, including
persons with visual or hearing impairments, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(e) A recipient shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(f) This section does not require a recipient to take any action
that it can demonstrate would result in a fundamental alteration in the
nature of a service, program, or activity or in undue financial and
administrative burdens.
(1) In those circumstances where a recipient believes that the
proposed action would fundamentally alter the JTPA-funded program,
activity, or service, or would result in undue financial and
administrative burdens, such recipient has the burden of proving that
compliance with this section would result in such alteration or burdens.
(2) The decision that compliance would result in such alteration or
burdens must be made by the recipient after considering all resources
available for use in the funding and operation of the JTPA-funded
program, activity, or service and must be accompanied by a written
statement of the reasons for reaching that conclusion.
(3) If an action required to comply with this section would result
in such an alteration or such burdens, the recipient shall take any
other action that would not result in such an alteration or such burdens
but would nevertheless ensure that, to the maximum extent possible,
individuals with disabilities receive the benefits or services provided
by the recipient.
