T. 10/25/93 DJ XXXXXXXXX 204-012-0049 NOV 1 1993 Mr.

Lu Hoover Planner Borough of State College 118 South Fraser Street State College, Pennsylvania 16801 Dear Mr. Hoover: This is in response to your letter to the Civil Rights Division concerning compliance with the Uniform Federal Accessibility Standards (UFAS) and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) under title II of the Americans with Disabilities Act of 1990 (ADA). The ADA authorizes the Department of Justice 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 to you. 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. Currently, the Department of Justice's title II regulation gives State and local government facilities the choice of complying with either UFAS or ADAAG in new construction and alterations. The Department of Justice, along with the Architectural and Transportation Barriers compliance Board, is in the process of amending ADAAG, after which time the choice of following UFAS may be removed from the title II regulation. You are concerned that if State College modifies its facilities to comply with UFAS, as allowed under the current regulation, you may later be required to make further modifications to comply with ADAAG. You are also concerned that you may even be required to change your choice of accessibility standards in "midstream" if the title II regulation is amended while your construction project is underway. cc: Record CRS Chrono Friedlander Milton.ufasadaa.hoo

FOIA Breen

01-02680 -2Under the existing title II regulation, as mentioned above, any new construction or alterations project may be undertaken using UFAS as the accessibility standard. If the title II regulation is amended to allow only ADAAG as the accessibility standard, the amendment would specify that ADAAG is the sole standard for construction and alteration commenced after the effective date of the regulation. Facilities under design on that date would be governed by that provision only if the date that bids were invited fell after the effective date of the amendment. Furthermore, the amendment would not be applied retroactively. Facilities designed, constructed, or altered in conformance with the requirements of the title II regulation prior to the effective date of the amendment would not be required to be retrofitted to conform to the new standard. I hope this information has been helpful to you. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division 01-02681