Congress of the United States
House of Representatives
Washington, DC 20515-2701

                                June 10, 1992

Ms. Stewart Oneglia
Section Chief
Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Ms. Oneglia:

        I have recently been contacted by several school board 
representatives in my Congressional District regarding compliance with 
the Americans with Disabilities Act. Their questions particularly 
pertain to structural compliance in existing school facilities.

        It would seem the recommendations they are receiving from the 
Nebraska Department of Education go above and beyond the intent of 
Congress and, from my understanding, the regulations set forth by the 
Department of Justice. I have listed several of the questions they have 
raised and would ask you to please respond.        

1. Must every area of an existing school facility be made accessible to 
an individual with a disability?       

 2. Does the term "qualified individual with a disability" apply to 
students only, or does it also apply to visitors? For example, could a
grandparent wishing to visit the school sue because of lack of access?        

3. Do the regulations apply to private schools in the same manner as 
public schools?        

4. At what point must a school district without a disabled student 
comply? When a disabled student enters the district or within a 
certain time frame after the January 26, 1992, date when the 
structural barriers regulations went into effect?        

5. Nebraska has many school districts which contain only a one-room 
elementary school house. Many of these buildings are not accessible 
to individuals with disabilities; however, there are no disabled 
students in those districts. How far must these schools go to comply 
with the ADA? Must they install chair lifts? Must they discontinue 
classes in their basements? Again, would the level of compliance be 
different for students and visitors? 

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    I would greatly appreciate an expedient reply to my inquiry. Many 
school districts in my Congressional District are preparing to spend 
tens of thousands of dollars in what I am concerned may be unnecessary 
compliance measures.        

    Thank you for your consideration of this matter.
                                                          
Best wishes,                                                
DOUG BEREUTER                                                
Member of Congress

DB/df
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