### OFFICE OF THE ASSISTANT SECRETARY

January 19, 2012

Dear Colleague:

This  year, we will celebrate the 22nd anniversary of the landmark Americans with  Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213.  We at the Office for Civil Rights (OCR) in  the United States Department of Education (Department) recognize the progress our  country has made toward ensuring that educational opportunities are provided  free from disability discrimination.  As  Secretary Arne Duncan has stated, the Department is “strengthening our efforts  to ensure that all students, including those with disabilities, have the tools  they need to benefit from a world-class education that prepares them for  success in college and careers.”1

Pursuant  to a delegation by the U.S. Attorney General, OCR shares in the enforcement of  Title II of the ADA (Title II).   28  C.F.R. § 35.190(b)(2).  Title II prohibits discrimination on the  basis of disability by public entities, including public elementary, secondary,  and postsecondary schools, regardless of whether they receive Federal financial  assistance.  Title II requires that  qualified individuals with disabilities, including students, parents, and other  program participants, are not excluded from or denied the benefits of services,  programs, or activities of a public entity, or otherwise subjected to  discrimination by a public entity, by reason of disability.  OCR also enforces Section 504 of the  Rehabilitation Act of 1973 (Section 504), a Federal law designed to protect the  rights of individuals with disabilities in programs and activities that receive  Federal financial assistance.  Recipients  of this Federal financial assistance from the Department include public school  districts, other state and local educational agencies, and institutions of  higher education.

Through our civil rights enforcement activities, and in responding to requests  for technical assistance, OCR has learned that additional guidance on the requirements  of the ADA and Section 504 in the elementary and secondary school context wouldbe helpful, especially in light of changes to the law made  by the ADA Amendments  Act of 2008 (Amendments Act).2   To that end, OCR has prepared the attached "Questions and Answers on the ADA  Amendments Act of 2008 for Students with Disabilities Attending Public Elementary  and Secondary Schools" (Amendments Act FAQ).  With passage of the Amendments  Act, Congress intended to ensure a broad scope of protection under the ADA  and to convey that the question of whether an individual's impairment is a  disability under the ADA and Section 504 should not demand extensive analysis. To effectuate the ADA's purpose, the Amendments Act: 

- directs that the ameliorating effects of mitigating measures (other than    ordinary eyeglasses or contact lenses) may not be considered in determining    whether an individual has a disability;
- expands the scope of "major life activities" by providing nonexhaustive    lists of general activities and major bodily functions; 
- clarifies that an impairment that is episodic or in remission is a disability    if it would substantially limit a major life activity when active; and 
- clarifies how the ADA applies to individuals who are "regarded as" having    a disability.

The attached Amendments Act FAQ: 

- addresses the broadened definition of disability and the changes made by    the Amendments Act; 
- discusses how the Amendments Act affects Section 504; 
- explains various obligations of school districts under Section 504 and    Title II; and
- addresses how OCR evaluates compliance with Title II and Section 504 in    light of the Amendments Act.  

Since  the ADA’s enactment, measurable progress has been made, but more can be done.  OCR will continue to work to eliminate  disability discrimination in public elementary, secondary, and postsecondary  schools by investigating complaints, conducting compliance reviews, issuing  policy guidance, providing technical assistance, and working closely with the  Department of Justice.

OCR is committed to providing technical assistance to States, school districts,  service providers, and individuals to ensure that students with disabilities  have equal educational opportunities.  To that end, OCR has other documents  that provide guidance on Title II and Section 504, which can be found at http://www.ed.gov/about/offices/list/ocr/publications.html#Section504.   If you need additional information or technical assistance in complying with  Title II, Section 504, or the other civil rights laws that OCR enforces, please  visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the contact information  for the OCR enforcement office that serves your state or outlying area.  Technical  assistance regarding the ADA and other resources can also be found on the Departmentof Justice's website at www.ada.gov. 

Thank  you for joining me in our continuing efforts to realize the full potential of  Section 504 and the ADA by ensuring nondiscrimination for students with  disabilities.

| Sincerely,                                                    |
|---------------------------------------------------------------|
| /s/                                                           |   |
| Russlynn Ali      Assistant Secretary       for  Civil Rights |

 

 

 

1 For more of Secretary	Duncan's remarks regarding the ADA, *see*Press Release, U.S. Dep't of	Educ., 20th Anniversary of the Americans with Disabilities Act a Cause for	Celebration and Rededication to Equal Educational Opportunity for Students with	Disabilities, (July 26, 2010), *available at*http://www.ed.gov/news/press-releases/20th-anniversary-americans-disabilities-act-cause-celebration-and-rededication-e.2 You can review    the text of the Amendments Act on OCR's website at http://www2.ed.gov/policy/rights/guid/ocr/disability.html (see  bullet entitled “The Americans with Disabilities Act Amendments Act of 2008”). The law went into effect January 1, 2009.

Top