gram. (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.

1. (2)

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

      1. (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;
      2. (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;
      3. (III) Changes in the costs of the segregated setting compared with changes in costs of community-based services;
      4. (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.
      5. (V) Whether the proposed modification results in the reduction or delay of the receipt of community-based services for other individuals with disabilities.
   2. (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.

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