{"data":{"id":"us/28-cfr-35.139","jurisdiction":"us","citation":"28 CFR 35.139","heading":"Direct threat.","body":"(a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others.\n(b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.","path":["Title 28—Judicial Administration","CHAPTER I—DEPARTMENT OF JUSTICE","PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES","Subpart B—General Requirements"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-28.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:14Z","sha256":"c908c1afc686ba891e8739b03725dde912f78db10e2c60796f1deea3de5ff5e0","source_id":"us-cfr","stale":true,"prev":"us/28-cfr-35.138","next":"us/28-cfr-35.140"},"notice":"GroundRules: Original legal text. Not legal advice."}