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. \udd\hille\policylt\ryan.Itr

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-2Title 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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-3If you have any further questions concerning the ADA, you may call our information line at 800/514-0301 (voice), 800/5140383 (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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