# 111


II-8.2000                               December 6, 1993


DJ 202-PL-480






Ms. Beth Sensue, Esquire
929 North Sheridan Avenue
Pittsburgh, PA  15206

Dear Ms. Sensue:

     This letter is in response to your inquiry regarding whether
self-evaluation plans for public entities with less than 50
employees must be in writing or can be reported at public
meetings.  We apologize for the delay in responding.

     The Americans with Disabilities Act ("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.

     Section 35.105(a) of the title II regulations of the ADA
requires that a public entity evaluate its current policies and
practices to identify and correct any that are not consistent
with the requirements of this Act by January 26, 1993.  This
self-evaluation requirement applies to all public entities, but
only those entities that employ 50 or more persons are explicitly
required to keep their plans on file.  Pertinent discussion may
be found in the Department of Justice's title II implementing
regulation, enclosed, at section 35.105(c) page 35718.  While
smaller entities need not maintain the report on file, we believe
that the plan should be in writing.
 
      Although it is not required, it would certainly be
appropriate for an entity with less than 50 employees to hold a
public meeting to inform the public of that entity's self-
evaluation report.  In any event, the entity must provide some
opportunity to interested persons, including individuals with
disabilities and organizations representing individuals with
disabilities, to submit comments and suggestions before the final
public meeting. For further discussion see section 35.105(b) at
page 35718.   

     I have also enclosed two documents that may be of help to
you.  The Department's Title II Technical Assistance Manual has a
pertinent discussion at pages 40-43 (self-evaluation plans).  The
Title II Action Guide for State and Local Governments, developed
under a contract with the National Institute on Disability and
Rehabilitation Research at the Department of Education, provides
detailed guidance on the self-evaluation process.

     I hope this information is helpful to you.

                            Sincerely,




                         John L. Wodatch
                              Chief
                      Public Access Section

Enclosures (2)