SUPTS. MEMO. NO. 112
June 20, 1997 |
TO: | Division Superintendents |
FROM:
|
Richard T. La Pointe
Superintendent of Public Instruction |
SUBJECT:
|
Monitoring Facility Compliance with Respect to
the Americans with Disabilities Act (ADA) |
Five years have passed since the Americans with Disabilities Act became a matter of civil rights for a large segment of our nation's population. While the Title II section of the Act which covers public schools remains unchanged, I wanted to remind you of your continued obligations under this law. Broadly stated, the ADA requires that public school entities may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible, if programs and activities are deemed accessible. It is advisable, therefore, to conduct periodic reviews of all programs, activities, and services offered by your division, in order to verify accessibility to persons with disabilities. Such a self-evaluation plan was part of the original requirements under Title II. A previous Superintendent's Memorandum discussed how to develop such plans. The deadlines for the self evaluation plan, transition plan, and required structural changes to achieve program accessibility have all passed. You are urged by our Department and the U.S. Department of Justice to complete these plans if you have not already done so. Facilities Services is continuing to monitor proposed changes to the ADA Accessibility Guidelines expected to be adopted some time next year. We will advise you of any changes once finalized. Please contact Hunter Barnes, Architectural Consultant, at (804) 225-2035 if you have any questions with regard to site or facility program accessibility issues. RTL:cle