SEP 11 1992 The Honorable Michael G. Oxley House of Representatives 2448 Rayburn House Office Building Washington, D.C.

20615-3804 Attn: Jot Carpenter Dear Congressman Oxley: This letter is in response to your inquiry on behalf of your constituent, David A. Kovach, concerning the provision of a reader for a State Board cosmetology test under the Americans with Disabilities Act (ADA). Requirements for State licensing boards are discussed in section II-3.7000, pages 13-14, of the enclosed Title II Technical Assistance Manual. Under section 35.130(b)(6) of the regulation implementing title II (copy enclosed), a public entity, such as a State licensing board, may not discriminate on the basis of disability in its licensing activities. A person is a "qualified individual with a disability" with respect to licensing, if he or she can meet the essential eligibility requirements for receiving the license. A public entity does not have to lower or eliminate licensing standards that are essential to the licensed activity to accommodate an individual with a disability. Whether a specific requirement is "essential" will depend on the facts of the particular case. As discussed in section II-3.6000, page 13, of the Manual, a public entity offering an examination must modify its policies, practices, or procedures in order to provide an individual with a disability an equal opportunity to demonstrate his or her knowledge or ability. However, if the public entity can demonstrate that a particular modification would fundamentally alter the nature of the licensing program, the entity is not required to make the modification. udd:mather:cong.kovach cc: Records, Chrono, FOIA, Friedlander (3), Breen, Mather 01-01499​ -2Please note that sections 102(B)(6) and 103(b) of the ADA,

to which Ms. Keys referred in her June 17, 1992, letter, are contained in title I of the ADA, which covers employment practices. Title I is inapplicable to licensing programs offered by public entities. As noted above, State licensing examinations are covered by title II of the ADA. If Ms. (b)(6) believes that she has been discriminated against on the basis of her disability, she has two enforcement options under the ADA: (1) She may secure private legal representation and bring an action in Federal court, or (2) She may file a complaint with the Department of Justice. If Ms. (b)(6) chooses to file a complaint with the Department of Justice, she should send it to the Coordination and Review Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66118, Washington, D.C. 20035-6118. All complaints should be in writing and should set forth, in as complete a manner as possible, the factual circumstances surrounding the complaint. I hope this information is helpful to you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01500