Office of General Counsel

Welcome to the Americans With Disabilities Act section of our webpage.

This front page will reflect our most current information on federal disabilities law affecting educational institutions.

Final Rule,  Nondiscrimination on the basis of Disability by Public Accommodations and in Commercial Facilities, Swimming Pools, 77 Fed. Reg. 16163, March 20, 2012.
This rules extends the compliance date from March 15, 2012 to May 21, 2012. In addition, DOJ has also issued a Notice of Proposed Rulemaking seeking comments on a possible additional extension of the compliance deadline to September 17, 2012. Comments on the proposed rule are due by April 4. The extension follows issuance by DOJ of a January 31 memorandum entitled “Accessible Pools—Means of Entry and Exit”. The memorandum indicated that for existing pools at public accommodations covered by Title III, installation of a fixed lift or other accessible means of entry would be required to the extent readily achievable, and that the lifts must be available and in working condition at poolside during all open hours. If use of a fixed lift were not deemed readily achievable, only then could use of a portable pool lift be utilized.

Notice of Interpretation, 77 Fed. Reg. 14972, March 14, 2012, Discrimination on the Basis of Disablity in Federally Assisted Programs and Activities. This notice contains DOE's interpretation of 34 CFR 104.23 as it relates to new construction and alteration on or after Sept. 15, 2010. For new construction and alteration after that date, the DOE will interpret the 504 regs to permit use of standards consistent with DOJ's Title II regulations until the 504 regulations are revised The entity may also use the current Uniform Federal Accessibilty Standards currently in the 504 regulations. See the DOJ web page on Title II and Title III regulations and dates for compliance. Use of the 2010 Title II ADA Standards will not be required as means of compliance with Sec. 504 until the Department revises its Sec. 504 regulations to formally adopt the 2010 Title II ADA Standards in lieu of UFAS. For institutions subject to Title II of the ADA as well as Sec. 504, OCR states that for new construction and alterations commenced on or after March 15, 2012, the 2010 Title II ADA Standards will be used by OCR in its enforcement of Title II regulations.

NACUA Notes: Update on Accommodating Service and Assistance Animals on Campus (March 16, 2012)

Veterans and the ADA : A Guide for Employers, 2-28-12 by the US EEOC. Helpful summary of relevant laws.

EEOC Guidance and Q and A on requiring high school diplomas and possible need to accommodate for those with a learning disability who may otherwise qualify for a job without a high school diploma. (Feb. 2012)