T. 4/20/92
SBO:MF:LS:hb
DJ 192-180-04902
                                          APR 28 (?)

The Honorable Richard G. Lugar
United States Senator
1180 Market Tower
10 W. Market Street
Indianapolis, Indiana 46204

Dear Senator Lugar:

     This letter responds to your recent letter to the Department
of Education on behalf of your constituent, Dr. Robert K.
Poinsett. The Department of Education forwarded your letter to
this office for response.

     Dr. Poinsett requests information on Federal funding sources
for the installation of an elevator in a facility operated by a
private college to make the upper levels of the facility
accessible to persons with disabilities. Evidently, Dr. Poinsett
believes that the installation of the elevator is needed to
comply with the Americans With Disabilities Act (ADA).

     Dr. Poinsett should be advised that under title III of the
ADA (which covers private educational institutions), a private
college would only have to remove architectural barriers to make
its facilities accessible where the removal of such barriers is
readily achievable. Barrier removal is readily achievable if it
can be accomplished without much difficulty or expense. The
installation of an elevator rarely would be considered readily
achievable under this standard.

     With respect to Federal funding for barrier removal, we are
unaware of any Federal grant programs that fund projects for the
purposes identified by Dr. Poinsett. Section 190 of the Internal

cc: Records; CRS; Oneglia; Friedlander; LS; hb
    McDowney:

01-00672
                                - 2 -
Revenue Code, however, provides a deduction up to $15,000 per
year for expenses associated with the removal of certain
architectural barriers.
                                Sincerely,


                              John R. Dunne
                        Assistant Attorney General
                           Civil Rights Division
01-00673