# 100


III-5.3000                                   September 10, 1993




Mr. Farley Lozowick
FML Design Group, Ltd.
999 18th Street, Suite 1800
Denver, Colorado  80202

Dear Mr. Lozowick:

     I am writing in response to your letter requesting
clarification of issues under the Americans with Disabilities Act
of 1990 (ADA) in regard to the design of a Montessori school in
Ft. Worth, Texas.  

     The ADA authorizes the Department of Justice to provide
technical assistance and information to individuals and entities
who have questions about the Act or the Standards for Accessible
Design adopted under the Department's ADA regulations.  This
letter provides informal guidance to assist you in understanding
and complying with the ADA's requirements.  However, this
technical assistance should not be viewed as legal advice or a
legal opinion about your rights or responsibilities under the
ADA.

     The ADA requires generally that all toilet rooms meet the
technical standards in 4.22 of the ADA's Standard for Accessible
Design (enclosed).  However, restrooms in classrooms for use
exclusively by small children may have drinking fountains,
lavatories, and toilets that are designed specifically for use by
small children.  The ADA standards are indeed based on adult
dimensions and anthropometrics and there are no accessibility
standards at this time for small children.  

     The Americans with Disabilities Act is a Federal law and
does not require any state regulations for its enforcement.

     We hope this information is helpful to you.

                                      Sincerely,



                                   John L. Wodatch
                                        Chief
                                Public Access Section

Enclosure