FEB 16 1995

XX
West Des Moines, Iowa XX

Dear XX

This is in response to your letter regarding the

requirements of title II of the Americans with Disabilities Act
(ADA).

The 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, first, whether title II of the ADA permits

a public school district to relocate a special education class
containing a number of students with physical disabilities from
an inaccessible building to a newer accessible building. Title
II of the ADA prohibits public entities, including public
schools, from discriminating on the basis of disability. A
public school district may not afford students with disabilities
opportunities that are not equal to the opportunities afforded to
other students. In addition, a public school district must
operate each of its programs so that, when viewed in its
entirety, the program is accessible to individuals with
disabilities.

Title II's program access requirement does not require a

public entity to make each of its facilities physically
accessible, as long as the program is accessible when viewed in
its entirety. However, in determining which structures must be
altered to provide physical accessibility, the equal opportunity
requirement also applies. Therefore, title II may permit
relocation of a special education class to an accessible facility
if the accessible facility provides opportunities and benefits
that are equal to the inaccessible facility to which the students
were originally assigned. In assessing the equality of the two
facilities, the school district must consider such aspects as the

cc: Records, Chrono, Wodatch, Hill, FOIA, MAF

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types of programs and facilities offered and the distance from

the student's homes.

Your letter next asks whether title II permits a school

district to relocate an individual student from an inaccessible
school to an accessible school within the district. Again, the
program access and equal opportunity requirements of title II
apply. Program access will permit such relocation in lieu of
alterations to the inaccessible school if the accessible school
provides opportunities and benefits that are equal to those of
the inaccessible school.

In both situations described in your letter, if the school

district is required to undertake structural alterations or other
measures to provide program access, it is only required to do so
to the extent such measures do not constitute a fundamental
alteration of its program or an undue financial or administrative
burden.

Public education of individuals with disabilities is also

regulated under Section 504 of the Rehabilitation Act of 1973 and
the Individuals with Disabilities Education Act (IDEA).
Therefore, those statutes may also affect your school district's
obligations toward students with disabilities.

I hope that this information is helpful to you.

Sincerely,
 John L. Wodatch
Chief
Public Access Section

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