What Is a Reasonable Modification?
A reasonable modification is a change to a rule, policy, or the usual way of doing things so that a person with a disability can have equal access. Both government agencies (Title II) and businesses open to the public (Title III) are required to make these changes.
For example, a store with a "no animals" policy must modify that rule to allow service animals. A government office that requires in-person visits must consider offering phone or video alternatives for someone who cannot physically travel.
Official Standard
28 CFR §35.130(b)(7) — Title II
"A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
28 CFR §36.302(a) — Title III
"A public accommodation shall make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities."
Modification vs. Accommodation
You'll hear two similar terms in ADA law. They mean slightly different things depending on the context:
The concepts are similar, but the legal standards and enforcement agencies differ. This page focuses on reasonable modifications under Titles II and III.
Common Examples of Reasonable Modifications
Modifications can look different depending on the business or agency. Here are real-world examples:
- Service animals: A grocery store must modify its "no pets" policy to allow a trained guide dog.
- Extended test time: A state licensing agency must give extra time on an exam for someone with a learning disability.
- Flexible seating: A movie theater must allow a person with a mobility impairment to sit in an aisle seat if fixed wheelchair spaces don't meet their needs.
- Curbside service: A pharmacy must offer curbside pickup to a customer who cannot navigate interior aisles due to a disability, if it's a reasonable change to their process.
- Waiving fees: A city must waive late fees on a utility bill if a person with a cognitive disability missed the deadline due to their disability.
- Alternative formats: A government agency must provide forms in large print, Braille, or electronic format.
When Modifications Are Not Required
There are two main situations where a modification is not required:
- Fundamental alteration: The change would completely change the nature of the service. For example, a university doesn't have to waive a core course requirement for a degree — that would change the nature of the program itself.
- Direct threat: The person's participation would pose a real, significant danger to the health or safety of others. This must be based on objective evidence, not fears or stereotypes.
However, even when one specific modification isn't required, the business or agency must consider whether a different modification could work instead.
Official Standard
28 CFR §35.130(b)(7) — Fundamental Alteration
A modification is not required if it would "fundamentally alter the nature of the service, program, or activity."
28 CFR §36.208 — Direct Threat
"This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others."
The Interactive Process
When someone requests a modification, the business or agency should engage in an interactive process — a back-and-forth conversation to figure out what change will work. This isn't a formal legal requirement under Titles II and III the way it is under Title I, but courts have recognized it as best practice.
Good practice looks like this:
- Listen to what the person needs and why
- Discuss possible solutions together
- If the first option isn't feasible, explore alternatives
- Document what was discussed and agreed upon
Documentation Considerations
Under Titles II and III, businesses and government agencies generally cannot require medical documentation to provide a modification. The two-question rule for service animals is one example — no proof of training or disability documentation can be required.
However, in some situations — especially for government programs — an agency may ask for enough information to understand the need for the modification. They cannot ask for full medical records or a diagnosis. They can ask what barrier exists and what change would help.
28 CFR §35.130(b)(7) / §36.302
The determination of whether a modification is "reasonable" is made on a case-by-case basis. Factors include the cost, the nature of the program, and whether alternative modifications exist.
Modification vs. Barrier Removal
It's important not to confuse reasonable modifications with barrier removal. They are different legal concepts:
- Reasonable modification: Changing a policy, practice, or procedure. Example: allowing a person to bring a companion to help navigate a store.
- Barrier removal: Physically changing the built environment. Example: installing a ramp, widening a doorway, or adding grab bars in a restroom.
Barrier removal is required when it is "readily achievable" — meaning it can be done without much difficulty or expense. Modifications to policies are almost always less costly and are generally required unless they cause a fundamental alteration.
Important Note
This guide provides general information about ADA reasonable modification requirements. Every situation is different. For advice about your specific situation, connect with an experienced ADA attorney.
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