Center for Health Services Research and Policy, School of Public Health and Health Services, The George Washington University
Behavioral Health Issue Brief Series No. 21
Mental Health; Disabilities
This issue brief examines the concept of fundamental alteration under the Americans with Disabilities Act (ADA); specifically it considers when proposed modifications of public programs under Title II of the ADA will be considered to amount to the type of fundamental alteration that lies beyond judicial power to compel. The issue of when a program change constitutes a fundamental alteration is important in state community integration planning efforts, since these types of changes will require legislative action.
Rosenbaum, Sara J.; Teitelbaum, Joel B.; Mauery, D. Richard; and Stewart, Alexandra M., "Reasonable Modification or Fundamental Alteration? Recent Developments in ADA Caselaw and Implications for Behavioral Health Policy" (2003). Health Policy and Management Issue Briefs. Paper 6.