# 61


III-1.1000
III-4.6000                                   March 30, 1993

DJ 202-PL-81






Mr. Lawrence P. Postol, Esq.
Seyfarth, Shaw, Fairweather & Geraldson
815 Connecticut Avenue, N.W.
Washington, D.C.  20006-4004

Dear Mr. Postol:

     This letter is in response to your inquiry of February 3,
1992, regarding section 309 of the Americans with Disabilities
Act ("ADA"), and its application to continuing legal education
courses.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist you in understanding the ADA's requirements. 
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

     Among other things, section 309 of the ADA applies broadly
to all examinations or courses related to applications,
licensing, certification, or credentialing for professional or
trade purposes.  Because continuing legal education courses are
courses related to licensing, certification, and credentialing of
attorneys, they fall within the ambit of section 309 whether or
not they are required by a State bar.  In addition, and
independently of the requirements of section 309, if a continuing
legal education course is offered by a private entity that owns,
operates, leases, or leases to a place of public accommodation,
the entity offering that course would have to meet all of the
requirements generally applicable to public accommodations.

     The basic requirement of section 309 is that examinations
and courses be offered in a place and manner that is accessible
to persons with disabilities.  The specific requirements that a
course covered by section 309 may have to meet are set out in
section 36.309(c) of the Department of Justice's regulation
implementing title III.  Any private entity that offers a course
covered by section 309 must 1) provide the course in a facility
that is accessible to individuals with disabilities or make 
alternative accessible arrangements, 2) make such modifications
as may be needed to ensure that the place and manner in which the
course is given are accessible to persons with disabilities, and
3) provide appropriate auxiliary aids and services for persons
with impaired sensory, manual, or speaking skills.

     I have enclosed copies of the Department of Justice's
regulation implementing title III and its Technical Assistance
Manual for title III.  Section 36.309 of the regulation is set
out at pages 35598-35599, and the requirements applicable to
private entities offering examinations and courses are discussed
in the Technical Assistance Manual at pages 39-41.

     I hope this information is useful to you in understanding
the requirements of the ADA.



                            Sincerely,





                         John L. Wodatch
                              Chief
                      Public Access Section



Enclosure
     Title III regulation
     Title III Technical Assistance Manual