---
kind: "section"
citation: "28 C.F.R. § 35.139"
title: "28"
number: "35.139"
heading: "Direct threat."
url: "https://uscodex.org/cfr/28/35.139"
---

# §35.139. Direct threat.

- (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.
- (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.

## Notes

### Amendments

[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010]

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.

### Source

Source: Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted.

### Amendments

[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010]