# 127


II-7.1000                                    March 31, 1994


DJ XXXXXXXXX








XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Chesapeake, Virginia  23320

     Re:  DJ XXXXXXXXX
          Preschool Education Center, Chesapeake, VA
          
Dear Ms. XXXXXXXX:

     I am writing to inform you that our investigation for the
above referenced case has been closed. 

     Our action does not constitute an interpretation of whether
a violation of the Americans with Disabilities Act (ADA)
occurred, or whether the facility is now in compliance with the
Act.  In this case, our investigation did not reveal sufficient
evidence to determine whether a violation in fact existed.

     However, please be advised that a private school, as a place
of public accommodation, has specific obligations to make its
programs accessible for individuals with disabilities, including
an obligation to make reasonable modifications to policies,
practices, or procedures when necessary to afford the school's
services to people with disabilities.  28 C.F.R.  36.302.  This
obligation generally does not require the provision of services
that are personal in nature, such as assistance with toileting,
28 C.F.R.  36.306.  Nevertheless, if assistance with toileting
or diaper changing is offered, then the ADA may require, as a
reasonable modification of the existing policy, that the school
offer the service to a child with a disability who may require it
more frequently or who may be older than other children to whom
the service is made available.

     Please also be advised that the our decision to close the
file in this matter does not limit your private right of action
if you feel that you or your daughter has been discriminated
against in violation of the ADA.

     Thank you for your cooperation in this matter.  If you have
any questions concerning our action, please call me at (202) 307-
1060.  General questions regarding the application of the ADA may
be directed to our information line at (800) 514-0301.

                            Sincerely,




                     Christopher J. Kuczynski
                             Attorney


Enclosure:
     Title III Technical Assistance Manual