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

​ -2-

The 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