NOV 21 1995


The Honorable Cass Ballenger
Member, U.S. House of Representatives
P.O. Box 1830
Hickory, North Carolina 28603

Dear Congressman Ballenger:

        I am responding to your letter on behalf of your
constituent, XX      who is concerned about provisions
for students with disabilities in public schools. Specifically,
XX     would like to know whether the Americans with
Disabilities Act (ADA) requires the provision of access to all
public school activities and facilities, including the assembly
area stage. Please excuse our delay in responding.

        Title II of the ADA prohibits discrimination on the basis of
disability in State and local government services. Sections
35.149 and 35.150 of the Department's title II regulation
(enclosed) require accessibility to programs, services, and
activities in facilities existing on the effective date of the
statute, January 26, 1992. The principal focus of the program
accessibility standard is access to programs, services, and
activities, as opposed to access to physical structures.
Therefore, not every area of an existing school facility would
have to be made accessible, as long as there is access to a
school's programs, services, or activities.

        For existing facilities, every building does not necessarily
have to be made accessible if all of the programs located inside
that building can be made accessible by alternative means.
Section 35.150 (b) (1) of the title II regulation does not require
that a school district eliminate structural barriers if it
provides access to its programs through alternative methods such
as redesign of equipment, reassignment of services to accessible
buildings, assignment of aides to beneficiaries, delivery of
services at alternate accessible sites, alteration of existing
facilities and construction of new facilities, or any other
methods that result in making the services, programs, or
activities readily accessible to and usable by individuals with
disabilities.

cc: Records, Chrono, Wodatch, McDowney, Milton, FOIA
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                                     -2-
        If structural alterations are necessary to provide program
accessibility, such alterations must be undertaken unless the
public entity can demonstrate that the alterations would cause a
fundamental change to its program or that the cost of the
alterations would result in undue financial and administrative
burdens. 28 C.F.R. S 35.150(a) (3). Where an action would result
in such a change or such burdens, the public entity must take any
other action that would not result in such change or such burdens
but would nevertheless ensure that individuals with disabilities
receive the benefits or services provided by the entity.

        Thus, in situations where a school has an inaccessible stage
and students with mobility impairments must be on the stage, in
order to meet its program accessibility obligations, the school
district may choose to move the event from the inaccessible stage
to an accessible location or make the stage accessible to persons
with disabilities. If making the stage accessible would result
in a fundamental change in the events or would constitute an
undue financial or administrative burden, then the school
district would be required to move all such events to an
accessible location.

        I hope this information assists you in responding to your
constituent.

                                        Sincerely,
                                     Deval L. Patrick
                                Assistant Attorney General
                                  Civil Rights Division
Enclosure
01-03853                             Congress of the United States
                                House of Representatives
                               Washington, DC 20515-3310

September 20, 1995

Mr. Deval L. Patrick
Asst. Attorney General
U.S. Department of Justice
PO Box 65808
Washington, DC 20035-5808
Dear Mr. Patrick:

My constituent, XX          has
contacted my office about provisions for the handicapped in pubic schools as
it relates to the Americans With Disabilities Act (ADA).

XX    says that the schools in his district do have provisions for the   
handicapped to enter and exit the school building and classrooms, but that
during assembly sessions the handicapped students cannot access the stage to
receive diplomas or awards unless they are carried up by someone. He would
like to know if the ADA regulations provides access to handicapped students
to all school activities and facilities.

I would appreciate any information you may wish to offer that would assist me
in responding tomy constituent. Please address your response to my Hickory
District Office, P.O. Box 1830, Hickory, NC 28603.

Thank you for your time and attention to this matter.

Sincerely,
Cass Ballenger
Member of Congress
CB/gse                               
01-03854       This stationery printed on paper made of recycled fibers.