Disability Law Index - Public Entities: Eligibility Criteria

Regulation:

28 C.F.R. § 35.130(b)(8)

A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

Case Law:

Martin v. California Dep't of Veterans Affairs, 560 F.3d 1042 (9th Cir. 2009).

Person with Alzheimers was denied admission to nursing home for veterans due to space restrictions.
Admission criteria set by California regulations is not eligibility criteria. Person was qualified but there was not enough space required under California regulations at time of admission.