# 182

DJ XXXXXXXXX

III-1.5000
III-1.5100
III-1.5200 March 4, 1996

Mr. Ty D. Laurie
Schiff Hardin & Waite
7200 Sears Tower
Chicago, Illinois 60606-6473

Re: DJ XXXXXXXXX
Providence-St. Mel School
Chicago, Illinois

Dear Mr. Laurie:

This letter is in further reference to the above-referenced

complaint alleging failure by the Providence-St. Mel School to
comply with title III of the Americans with Disabilities Act
("ADA"), and the claim that the Providence-St. Mel School
("School") is a "religious organization" or an "entity controlled
by a religious organization" within the meaning of section 307 of
the ADA, 42 U.S.C. 12187, and therefore exempt from coverage
under title III of the ADA. This letter serves to inform you of
our conclusion that the School is not entitled to an exemption
under title III of the ADA.

After a comprehensive review of the information submitted in

response to several inquiries, the Disability Rights Section has
determined that the School does not qualify as a "religious
organization" or "an entity controlled by a religious
organization." In our view, the School is primarily a secular
educational institution, rather than a religious one.

We have considered a variety of factors in reaching our

decision that the School is primarily a secular educational
institution. While the School may be organized, in part, for
religious purposes, those characteristics, per se, do not make a
private school a "religious organization" within the meaning of
title III of the ADA. The School is not in any manner owned,
operated or controlled by a particular religious organization.
The School is incorporated as an ordinary non-profit corporation.
There is no predominant religious aspect to the membership of the
board of trustees, the independent organization that runs the
School. The board of trustees is composed primarily of people in
private enterprise and other lay persons and its members elect
other members to the board. Neither the trustees nor the
officers of the board are required to be Catholic or members of
any other religion. The principal is not a member of a religious
order as was the case prior to 1978 and most of the current
teachers are lay persons. The faculty and staff are not required
to be members of a particular religious faith and they are not
they required to espouse or certify their belief in a particular
religious faith, although they sign an employment contract
acknowledging that the primary purpose of the School is to
"establish a Christian working atmosphere . . . in order to
provide quality Catholic education." The School admittedly
serves a community that is not primarily Catholic and its
students are not required to be Catholic in order to attend the
School. Although the School has not provided requested data
regarding the religious composition of the student body, it would
appear that the majority of students are not Catholic. While
some of the student activities involve religious activities, most
of the student activities are secular in nature.

In addition, prior to 1978, the School clearly was engaged

in educating children in a particular religion and was controlled
and operated by the Catholic Archdiocese. But the information
provided by the School indicates that the curriculum of the
School gradually has changed. Among other things, the content of
its religious education program has expanded to include other
religious doctrine. Rather than focusing on furthering the
mission of the Catholic Church or propagating that particular
religious faith, the School's present religious curriculum is
geared toward an appreciation of a range of religious beliefs and
comparative religious studies.

The School also has failed to support its claim that it is

an "entity controlled by a religious organization" within the
meaning of title III of the ADA and the requirements promulgated
by the U.S. Department of Education to enforce title IX. See our
August 23, 1993 letter. In particular, the School has failed to
show that it requires its faculty, students, or employees "to be
members of, or otherwise espouse a personal belief in, the
religion of the organization by which it claims to be
controlled." As noted above, there is no requirement that the
trustees, faculty, staff, or students be Catholic; nor is there a
requirement that those persons espouse a belief in the Catholic
religion.

Finally, tracking some language in the ADA Title III

Technical Assistance Manual, the School has claimed that it is
exempt because it is a "parochial school" that is "sponsored" by
a religious order, The Sisters of Providence. However, the
evidence indicates that the Sisters of Providence have had
virtually no control over the operation and management of the
School since 1978, although some of its nuns continue to be
employed as teachers or support staff. Absent any indication
that the School is actually sponsored and controlled by a Sisters
of Providence, the School's reliance on the title III Technical
Assistance Manual is misplaced. The test is whether the
religious order actually controls the operations of the School,
not whether the religious order authorizes some of its members to
teach at the School.

Therefore, you are requested to provide the information that

we requested in our letter of July 1, 1993, concerning the
School's decision not to admit Ms. XXXXXX as a student. Please
forward your response by __________________ 1996. If you have
any questions concerning this matter, please call me at (202)
307-6309.

Sincerely,

Sheila K. Delaney
Attorney
Disability Rights Section

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