MAY 23 1994

DJ 202-PL-629

XX
XX
Bethesda, Maryland XX

Dear XX

I am responding to your letter regarding the Americans with

Disabilities Act of 1990, 42 U.S.C. ​ 12181-12189. 1 apologize
for the delay in responding.

The Americans with Disabilities Act (ADA) authorizes the

Department of Justice to provide technical assistance to
individuals and entities that have rights or responsibilities
under the Act. Pursuant to that authority, this letter provides
informal guidance to assist you in understanding the ADA.
However, this technical assistance does not constitute a legal
interpretation of the statute, and it is not binding on the
Department.

Your letter asks about the obligations of law schools under

the ADA toward students with learning disabilities, specifically
ADD and dyslexia. The ADA prohibits discrimination against
persons with disabilities. A disability for purposes of the ADA
is a physical or mental impairment that substantially limits one
or more major life activities of an individual. A learning
disability, such as ADD or dyslexia, may be a disability for
purposes of the ADA if it substantially limits a major life
activity.

A law school may be covered under title II, which prohibits

discrimination on the basis of disability in programs offered by
public entities, or title III, which prohibits discrimination on
the basis of disability by private entities that own, operate,
lease, or lease to places of public accommodation, including
places of education.

cc: Records; Chrono; Wodatch; Blizard; Hill; FOIA; MAF.

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Title II requires a public (i.e., State or local government) entity

to afford individuals with disabilities an opportunity to participate
in and benefit from its programs and services that is equal to that
afforded to others. A covered public entity must make reasonable
modifications in policies, practices, or procedures when necessary to
avoid discrimination on the basis of disability, unless such
modifications would fundamentally alter the nature of the program. A
covered public entity must not impose eligibility criteria that screen
out or tend to screen out individuals with disabilities unless such
criteria are necessary for the provision of the program. See 28 C.F.R.
​ 35.130. In addition, a public entity must furnish appropriate
auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the
benefits of its programs, unless provision of such aids would
result in a fundamental alteration in the nature of the program
or in undue financial or administrative burdens.

Title III requires a place of public accommodation to

afford individuals with disabilities an opportunity to participate in
and benefit from its services that is equal to that afforded to
other individuals. To fulfill this obligation, a public
accommodation may be required to make reasonable modifications
in policies, practices, or procedures when necessary to provide
services to persons with disabilities, unless such modifications
would fundamentally alter the nature of the services. A public
accommodation must also take steps to provide auxiliary aids and
services when necessary to ensure participation by individuals
with disabilities, unless such steps would fundamentally alter
the nature of the services provided by the public accommodation
or would result in an undue burden, i.e., significant difficulty
or expense. Title III prohibits a public accommodation from
applying eligibility criteria that screen out or tend to screen
out individuals with disabilities unless such criteria are
necessary for the provision of the public accommodation's
services. See 28 C.F.R. ​ 36.301-36.303.

For your further reference, I am enclosing copies of the

regulations implementing titles II and III of the ADA and the
Department's Title II and Title III Technical Assistance
Manuals. I am also enclosing, for your convenience, a list of
organizations serving your area that may be able to assist you
in addressing your concerns. These listings come from various
sources, and the Department cannot guarantee that the listings
are current or accurate. I suggest that if you contact any of
these organizations, you let them know that you have received
this letter from the Department.

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If you have any further questions concerning the ADA, you

may call our information line at 800/514-0301 (voice), 800/514-
0383 (TDD). I hope this information is helpful to you and that
this letter fully responds to your inquiry.

Sincerely,

John L. Wodatch
Chief
 Public Access Section

Enclosures

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