Dated October 29, 2002

Dr. Perry A. Zirkel

University Professor of Education

and Law

Lehigh University College of Education

Mountaintop Campus

111 Research Drive

Bethlehem, Pennsylvania 18015-4794

Dear Dr. Zirkel:

This is in response to your letter to JoLeta Reynolds of the Office of
Special Education Programs. You ask "whether, and it \[sic\] so to what
extent, the requirements of the IDEA and Section 504 (or the ADA),
respectively apply to the following three types of overseas schools:

1.  Department of Defense overseas schools

2.  private international schools overseas that receive limited support
    from the U.S. Department of State

3.  other private international schools that offer the 'American Model'
    of education but without any support from the Department of State."

In preparing this response, we have consulted with the Office for Civil
Rights (OCR) in the Department of Education (Department).

In reviewing your inquiry, we note that the substance of your questions
is the same as that of questions to whichartment responded in a letter
dated December 22, 1994. Based on the information you have provided, the
prior response to you still represents the Department's position with
regard to the Individuals with Disabilities Education Act**.** Another
copy of the 1994 letter is included for your convenience.

With respect to the application of Section 504 of the Rehabilitation Act
of 1973 (Section 504) and the Americans with Disabilities Act (ADA) to
Department of Defense overseas schools, since Department of Defense
schools operate under separate statutory authority, you may wish to
contact:

> Ms. Lorie Sebestyen
>
> Special Education Coordinator
>
> Office of Dependents Education
>
> Department of Defense Education Activity (DoDEA)
>
> 4040 North Fairfax Drive, 9th Floor
>
> Arlington, VA 22203-1635
>
> \(703\) 696-4235

With respect to your questions regarding the application of Section 504
or the ADA to private international schools overseas, in the Department,
as you know, enforces Section 504, which applies to recipients of
Federal financial assistance, and Title II of the ADA, which applies to
public entities whether or not they receive Federal funds. Regarding the
Department's position on the application of Section 504, please see the
enclosed case closure letter issued by OCR, [Arizona State
University]{.underline}, 08-01-2047 (2001).

> Barbara Pope
>
> Assistant Secretary for Civil Rights
>
> U.S. Department of State
>
> 2201 C Street, NW
>
> Washington, DC 20520

Because your inquiry does not appear to apply to public entities under
Title II of the ADA, any specific questions regarding the applicability
of other titles of the ADA should be directed to:

> U.S. Department of Justice
>
> Civil Rights Division
>
> 950 Pennsylvania Avenue, NW
>
> Disability Rights Section - NYAVE
>
> Washington, DC 20530

Questions about the obligations or conditions attached to other funding
programs would have to be responded to in the context of the particular
program at issue.

We hope that this information is helpful to you.

> Sincerely,
>
> /s/ Patricia J. Guard for
>
> Stephanie S. Lee
>
> Director
>
> Office of Special Education Programs

Enclosures