T. 10/19/93 SBO:WRW:rjc DJ#192-06-00035 OCT 19 1992 Ms. Sandra D.

Burns State of Colorado Department of Social Services Rehabilitation Services 1575 Sherman Street, 4th Floor Denver, Colorado 80203-1714 Dear Ms. Burns: This responds to your letter seeking written guidance on implementation of title II of the Americans with Disabilities Act (ADA). The ADA authorizes the Department to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding how the ADA may apply. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. You have asked whether the application of the ADA Accessibility Guidelines (ADAAG) rather than use of the Uniform Federal Accessibility Standards (UFAS) by an entity covered by section 504 of the Rehabilitation Act of 1973, as amended, would violate section 504. Under section 504 regulations, departures from UFAS are permitted whenever substantially equivalent or greater access is provided. As your letter notes, the ADAAG standard is the newer standard. Generally, it provides for greater accessibility than mandated by UFAS, where the two standards differ. Records, CRS, Worthen, Friedlander, FOIA, Breen Worthen:Citizen:Colorado.UFAS.ADAAG.9.92 01-01607​ -2There are, however, a few areas where UFAS requires greater access than demanded by ADAAG (e.g., UFAS requires a specified percentage of prison cells to be accessible, but ADAAG contains

no such requirement). In these few circumstances, compliance with ADAAG alone would not constitute compliance with section 504. I hope this information will be of assistance to you. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division 01-01608​ STATE OF COLORADO DEPARTMENT OF SOCIAL SERVICES REHABILITATION SERVICES 1575 Sherman Street, 4th Floor Roy Romer Denver, Colorado 80203-1714 Governor Phone (303) 866-4390 ANTHONY J. FRANCAVILLA Steven V. Berson Manager Acting Executive Director

May 26, 1992 Coordination and Review Section P. O. Box 66118 Civil Rights Division U. S. Department of Justice Washington, D. C. 20035-6118 Gentlepersons: The State of Colorado, as part of its efforts to meet the Title II requirements of the Americans with Disabilities Act, has established an ADA Implementation Committee, consisting of the ADA Coordinators for the state agencies and community representatives with disabilities. A portion of the discussion has centered around the advantages and disadvantages of using the ADA Architectural Guidelines (ADAAG) as opposed to the Uniform Federal Accessibility Standards (UFAS), both for purposes of meeting the Transition Plan requirements and for purposes of alterations and new construction.

The Committee understands that the ADAAG is the newer standard and that the intent is to eventually eliminate the UFAS as a separate standard. Therefore, we are disposed toward using ADAAG. However, a question has been raised with regard to this: The regulations relating to Section 504 of the Rehabilitation Act of 1973 require application of the UFAS in new construction or remodeling projects involving the use of Federal funds. Would application of the ADAAG in such projects constitute a violation of 504? The Committee would appreciate a written response, as we would like to arrive at a decision and would prefer not to be applying different standards to different types of projects. Sincerely, xc: David Leavenworth State Buildings Division 01-01609 Sandra D. Burns on behalf of the ADA Implementation Committee