XX Houston, Texas XX Dear Mr.

XX Your letter to the Attorney General has been forwarded to this office for reply. Your letter asks whether Federal civil rights laws regarding education of students with disabilities cover private schools that do not receive Federal funding. Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act, which impose requirements for appropriate individualized education of students with disabilities, apply only to schools that receive Federal funding. In addition, title II of the Americans with Disabilities Act (ADA), which imposes similar requirements on public schools, does not apply to private schools. A private school that is not a religious entity or operated by a religious entity, however, will be covered as a place of public accommodation under title III of the ADA. Title III prohibits discrimination on the basis of disability by covered entities. However, unlike the laws discussed above, it does not impose requirements for appropriate individualized education for students with disabilities. Instead, it imposes more general requirements. For example, a private school may not, on the basis of disability, refuse to allow a qualified individual with a disability to participate in its program. Such a school may not impose eligibility criteria that screen out individuals with disabilities from participation unless the criteria are necessary to the provision of the school's services. Such a school must make reasonable modifications to its policies, practices, and procedures where necessary to provide its services to individuals with disabilities, unless to do so would fundamentally alter the nature of the services. A covered private school must also ensure effective communication with students with disabilities by providing necessary auxiliary aids or services, unless doing so would fundamentally alter the nature of the services offered or would result in an undue burden. cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA n:\udd\hille\policyltXX .ltr\sc. young-parran

01-04254 ​ -2The requirements of title III are described in greater detail in the enclosed regulation implementing title III and in the enclosed Title III Technical Assistance Manual. If you have further questions, you may call the ADA information line at (800) 514-0301 (voice) or (800) 514-0383. Members of the Disability Rights Section staff are available to answer questions on the information line on Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00 p.m., Eastern time. On Thursday, the information line is staffed from 1:00 p.m. to 6:00 p.m. I hope this information is helpful to you. Sincerely, John L. Wodatch Chief Disability Rights Section Enclosures 01-04265 ​January 1, 1996 XX XX Houston, Texas XX Ms. Janet Reno Attorney General of the United States U.S. Department of Justice 10th and Constitution, N.W. Washington, D.C. 20530 Re: Opinion on the Applicability of Federal Statutes to Tax Exempt Private Schools -Section 504 of the Rehabilitation Act -Individuals with Disabilities Education Act Madame Attorney General, One of my children suffers from Attention Deficit Disorder (ADD) and

attends a private school. He thrived in the lower grades as a result of the small class sizes and very sensitive teachers. As he moved on to middle school recently, the attitude seems to ahve changed from one of nurturing to expectations of self reliance; a standard which he is incapable of meeting due to his condition. So, too, have the administration's policies with regard to assistance to ADD children. Where they had provided duplicate sets of texts for him in the past free of charge, they now are asking us to pay for the books. Where his teachers previously willingly provided advance curriculum schedules, the administration now will not allow it. No structured programs for educationally disabled children are offered. Their Legal Counsel has stated that the referenced Federal Statutes are not applicable because the school receives no Federal Funds. It is my contention that as not-for-profit institutions, private schools receive funding from the United States Government in the form of exemptions from corporate income taxes and, therefore, the referenced Federal Statutes are applicable. My ultimate goal is to work with the Board, Administration and Teachers to help them develop the appropriate support network and systems for children suffering from ADD and other learning disabilities. At this point in time, however, it appears that I need a '2"x4" to get their attention' as the old joke goes. Assuming that my interpretation is correct, a letter from you stating your opinion in this matter would serve as a catalyst for positive action. If my assumptions are not right, your letter would help me formulate a new course of action. Thank you. XX XX 01-04256