MAR 19 1996 XX XX XX Dear XX I am writing in response to your letter to President Clinton, dated December 7, 1995. Several of the concerns that you raised are related to specific provisions of the Americans with Disabilities Act (ADA). The Disability Rights Section of the Civil Rights Division of the Department of Justice implements titles II and III of the ADA. Please excuse our delay in responding. You asked about accessibility in public schools and school administration buildings. All public schools and state and local government entities are covered under title II of the ADA. Title II of the ADA is similar to Section 504 of an older law, the Rehabilitation Act of 1973, which applies to programs receiving Federal financial assistance and the operations of the Federal government. Most school districts are covered by both title II and Section 504. Title II of the ADA requires that programs, activities, and services be accessible to, and usable by, people with disabilities. This does not necessarily mean that each facility or part of a facility must undergo extensive structural changes. School districts may pursue other options to achieve program access. However, the method that is selected must be effective. One of the acceptable options is to relocate meetings or services to another facility. However, the new location must be readily accessible to and usable by individuals with disabilities. Sections 35.149 and 35.150 of the enclosed regulation and the enclosed Title II Technical Assistance Manual will give you additional information about program access. If school districts and other covered entities are not able to provide effective program access using alternative methods, then structural changes must be made to remove barriers. You also expressed concerns about the lack of privacy available to you while voting during the last election. Like cc: Records Chrono Wodatch Hill Bouvier McDowney FOIA N:\UDD\BOUVIER\XX .CON\secy.johnson 01-04170 - 2 - other existing facilities covered under title II, polling places are required to be accessible, unless alternative methods are provided that are effective in enabling individuals with disabilities to cast a ballot on the day of the election. A ballot may be taken outside to the car, or an alternate method ensuring privacy might be acceptable. Again, the method chosen must be effective. Your letter also describes the general lack of accessibility that you have encountered in the past months, with particular reference to a motel. Title III of the ADA covers places of public accommodation such as hotels, motels, restaurants, and service establishments. Under title III, private businesses in existing buildings are required to remove barriers when it is readily achievable to do so. "Readily achievable" means easy to accomplish without much difficulty or expense. The enclosed title III regulation and Technical Assistance Manual will give you additional information about the provisions of title III, including the Standards for Accessible Design, which must be followed for new construction and alterations. Although I understand that telephone communication is difficult for you at present, you may call our ADA Information Line using a text telephone at 800/514-0383. The voice number is 800/514-0301. You may also write to us at P.O. Box 66738, Washington, DC 20035-6738. Please do not hesitate to contact us if you have additional questions or concerns. Sincerely, John L. Wodatch Chief Disability Rights Section Enclosures 01-04171 XX NOVEMBER 7, 1995 PRESIDENT WILLIAM CLINTON 1600 PENNSYLVANIA AVENUE NORTH WEST WASHINGTON, DC 20500 DEAR PRESIDENT CLINTON: I AM NOT SURE WHERE TO START, I HAVE MANY ISSUES I WOULD LIKE TO COVER. I GUESS I WILL TELL YOU A BIT ABOUT MYSELF FIRST. IN XX , I WAS IN A AUTOMOBILE ACCIDENT, AND THROUGH A MRI TEST, WE FOUND A CERABELLUM EPIDERMOID TUMOR WHICH WAS LOCATED ON MY BRAINSTEM. BEING THAT IT WAS LOCATED IN SUCH A SENSITIVE AREA, WHICH WAS THE NERVOUS SYSTEM, IT WAS SAID THAT IT NEEDED TO BE REMOVED. THEY TOLD ME THAT IT HAD BEEN SLOWLY GROWING SINCE BIRTH, IF IT HAD NOT BEEN DETECTED, THAT ONE DAY I MAY NOT HAVE WOKE UP. I AM A HOUSEWIFE AND YOUNG MOTHER OF XX SCHOOL AGE CHILDREN, SO YOU CAN BET I CHOSE THE SURGERY. THE SURGERY LEFT ME TOTALLY PARALYZED, RESPITORY PROBLEMS, AND A PARALYZES VOCAL CORD. I SPENT TWO MONTHS IN ICU, AND TEN MONTHS AWAY FROM MY HUSBAND AND CHILDREN IN A REHABILITATION CENTER. I FINALLY RETURNED BACK HOME WITH MY FAMILY IN XX , WITH THE ABILITY TO MOVE A GOOD PART OF MY RIGHT SIDE, BUT MY VOCAL CORD IS STILL PARALYZED, SO MY COORESPODANCE IS BASICALLY LIMITED TO LETTERS. WE ARE STILL KEEPING THE FAITH THAT I MAY REGAIN MOVEMENT OF MY LEFT SIDE. SINCE I HAVE RETURNED HOME I WANT NOTHING MORE THAN TO BE ABLE TO GET BACK TO MY HOMAKING DUTIES, AND WITH A LITTLE LUCK AND ALOT OF PRAYER, BACK TO PART-TIME EMPLOYMENT. I HAVE ENCOUNTERED NOTHING BUT ROAD BLOCKS ON A WEEKLY BASS. MY FIRST ISSUE IS MEDICAID, THE WAY THE GUIDE LINES ARE SET UP THEY DO NOT REALLY PERTAIN TO SOMEONE IN MY POSITION. THE WAY IT IS SET UP IT GEARS MORE TOWARD THE ELDERLY POPULATION. WE ARE A YOUNG FAMILY OF XX , MY HUSBAND WORKS 40 HOURS A WEEK AND THEN COMES HOME TO TAKE CARE OF ME AND OUR CHILDREN, IT MAKES FOR A VERY LONG DAY. WITH HIS INCOME AND MY SSD, WE GET ABOUT 31,000.00 A YEAR, WHICH IS ALL FINE AND WELL, BUT MEDICAID DOES NOT TAKE INTO CONSIDERATION BILLS THAT WERE INCURRED BEFORE ALL OF THIS, AND THE EXPENSE OF CLOTHING, FOOD, OR CHILD CARE FOR MY CHILDREN. MEDICAID IS TRYING TO TELL US THAT WE CAN AFFORD TO PAY THEM $572.00 A MONTH ABOVE AND BEYOND WHAT HE IS ALREADY PAYING FOR. WE TRIED TO TELL THEM, THAT WITH THE GUIDELINES THAT THEY GO BY, THE ONLY WAY HE COULD DO THAT IS TO GO BANKRUPT JUST TO PAY ANOTHER BILL, NOT EVEN TO GET AHEAD. IF WE ARE FORCED TO DO THAT, WE WILL BE NO FURTHER THAN WE ARE NOW, AND END UP WITH BAD CREDIT. I MYSELF HAD WORKED FOR FIFTEEN YEARS TO GET WHERE I AM TODAY, ONLY TO HAVE SOMEONE TELL ME THAT BECAUSE I NEED A HOME HEALTH AID 8 HOURS A DAY 5 DAYS A WEEK, AND PHYSICAL THERAPY AND OCCUPATIONAL THERAPY 2 HOURS A DAY 5 DAYS A WEEK THAT IT IS COSTING TOO MUCH THEREFORE THEY 01-04172 WANT ME TO PAY. I COULD SEE IF I WAS MAKING NO PROGRESS, BUT THAT IS NOT THE CASE. EVERYDAY IS A STEP CLOSER TO INDEPENDENCE TO ME. THE PROBLEM WITH SOCIETY TODAY IS THAT QUALITY OF LIFE IS NOT A BIG ENOUGH ISSUE, SO PEOPLE JUST DO NOT CARE. BEING A YOUNG HOUSEWIFE AND MOTHER OF XX SCHOOL AGE CHILDREN, QUALITY OF LIFE IS A BIG ISSUE FOR US. I AM WORKING VERY HARD TO GET THINGS AS BACK TO NORMAL AS POSSIBLE, YES IT IS GOING TO TAKE SOME TIME, BUT IF I HAVE THE MEANS TO WANT TO GET BETTER AND IT TAKES A COUPLE OF YEARS, IT WILL CERTAINLY COST LESS FOR A COUPLE YEARS OF SERVICE THAN BEING ON MEDICAID FOR THE REST OF MY LIFE. THE WAY I SEE IT I HAVE ALREADY LOST XX WITH MY FAMILY, TIME IS TOO PRECIOUS TO LOSE ANYMORE. IF YOU HAVE ANY INPUT ON THIS, PLEASE SHARE IT. MY NEXT ISSUE IS A STATE AGENCY CALLED VESID. I HAVE BEEN HOME SINCE XX , AND VESID CAME TO MY HOME TO EVALUATE FOR MODIFICATIONS THAT NEED TO BE DONE SO THAT I CAN BE ABLE TO GET BACK TO MY HOUSEMAKING SKILLS, AND REGAIN BACK SOME OF MY INDEPENDENCE, AND ALSO RELIEVE MY XX OLD OF THINGS THEY SHOULD NOT BE STUCK DOING. I HAVE SPOKE WITH VESID, AND THEY TELL ME THAT IT COULD BE UP TO ANOTHER 5 MONTHS BEFORE THEY EVEN GET STARTED. MEANWHILE, I AM UNABLE TO GET INTO MY BATHROOM TO GET INTO THE SHOWER, I HAVE NO CHOICE BUT TO GET A BED BATH AND SHAMPOO MY HAIR IN THE SINK. I AM UNABLE TO UTILIZE MY KITCHEN, UNABLE TO DO THE LAUNDRY, AND THEY WERE SUPPOSED TO SET UP A COMPUTER SO THAT I COULD CORRESPOND TO WHOM I NEEDED TO. MY HUSBAND HAS BEEN SO DISGUSTED WITH VESID THAT HE WENT OUT AND PURCHASED A DESK AND WORD-PROCESSOR SO I CAN WRITE WHO I NEED TO. I CANNOT CORRESPOND ON THE PHONE I DO NOT HAVE ENOUGH VOICE FOR THAT. I HAVE BEEN HOME ALMOST XX AND IT REALLY SEEMS TO ME THAT THEY EXPECT ME TO JUST STAY IN THIS WHEELCHAIR AND BE HAPPY WITH THAT. I AM TOO STRONG A PERSON TO GIVE UP NOW. I AM VERY CONFUSED ON THE ISSUES THAT PERTAIN TO HANDICAPPED ACCESSIBILITY. WHERE MY CHILDREN GO TO SCHOOL IN THE XX CITY SCHOOL DISTRICT, CLAIMS THAT THE SCHOOL BOARD ADMINISTRATIVE BUILDING IS NOT HANDICAP ACCESSIBLE, BUT SOMEONE COULD MEET WITH ME AT ONE OF THEIR ACCESSIBLE SCHOOLS. WHEN I SAT BACK AND THOUGHT ABOUT THIS I DISCOVERED THAT THOSE SCHOOLS ARE NOT TOTALLY ACCESSIBLE. IF I WAS TO GET DROPPED OFF AT ONE OF THOSE SCHOOLS I WOULD NOT BE ABLE TO GET IN THE FRONT DOOR UNLESS SOMEONE HAD TO OPEN IT FOR ME. WHERE THEY HOLD THE SCHOOL BOARD MEETINGS IT IS THE SAME WAY. I HAVE BEEN TRYING TO SET UP A MEETING WITH THE SCHOOL SUPERINTENDENT FOR OVER A MONTH, WITH NO SUCCESS. THERE ARE SO MANY PLACES THAT CLAIM THEY ARE ACCESSIBLE, BUT OVER THESE PAST 16 MONTHS I AM FINDING THAT THEY ARE NOT. XX WE RESERVED A HANDICAPPED ACCESSIBLE ROOM, ONLY TO FIND OUT THAT THE ONLY THING ACCESSIBLE WAS THE FRONT DOOR. I WAS JUST FACED WITH THIS ISSUE, I THOUGHT THAT THE CURTAINS AROUND A VOTING BOOTH WERE FOR PRIVACY. BEING THE SITUATION THAT I MYSELF AM IN, I HAD TO GO INTO THE BOOTH WITH MY HUSBAND, BECAUSE THE VOTING BOOTHS ARE ALL TOO TALL FOR SOMEONE IN A WHEELCHAIR, BESIDES THE FACT THAT THEY ARE NOT DEEP ENOUGH FOR THE WHEELCHAIR TO FIT INTO. SO AS AN AMERICAN VOTING CITIZEN, THAT MY PRIVACY RIGHT IS BEING OVERLOOKED. PRESIDENT WILLIAM CLINTON, ANY HELP YOU CAN GIVE ME WITH THESE MATTERS, WOULD BE GREATLY APPRECIATED. I HAVE ALREADY CONTACTED SENATOR SEARS AND CONGRESSMAN BOELHERT ON THESE MATTERS, AND THEY REALLY HAD NO ANSWERS, SO YOU ARE MY LAST HOPE. HOPE TO HEAR FROM YOU SOON. SINCERELY, 01-04174