DJ 202-PL-81

MAR 30 1993

Mr. Lawrence P. Postol, Esq.

Seyfarth, Shaw, Fairweather & Geraldson
815 Connecticut Avenue, N.W.
Washington, D.C. 20006-4004

Dear Mr. Postol:

This letter is in response to your inquiry of February 3,

1992, regarding section 309 of the Americans with Disabilities
Act ("ADA"), and its application to continuing legal education
courses.

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.

Among other things, section 309 of the ADA applies broadly

to all examinations or courses related to applications,
licensing, certification, or credentialing for professional or
trade purposes. Because continuing legal education courses are
courses related to licensing, certification, and credentialing of
attorneys, they fall within the ambit of section 309 whether or
not they are required by a State bar. In addition, and
independently of the requirements of section 309, if a continuing
legal education course is offered by a private entity that owns,
operates, leases, or leases to a place of public accommodation,
the entity offering that course would have to meet all of the
requirements generally applicable to public accommodations.

The basic requirement of section 309 is that examinations

and courses be offered in a place and manner that is accessible
to persons with disabilities. The specific requirements that a
course covered by section 309 may have to meet are set out in
section 36.309(c) of the Department of Justice's regulation
implementing title III. Any private entity that offers a course
covered by section 309 must 1) provide the course in a facility
that is accessible to individuals with disabilities or make

cc: Records, Chrono, Wodatch, Breen, Contois, FOIA

Udd:Contois:PL:postol

01-01970

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alternative accessible arrangements, 2) make such modifications

as may be needed to ensure that the place and manner in which the
course is given are accessible to persons with disabilities, and
3) provide appropriate auxiliary aids and services for persons
with impaired sensory, manual, or speaking skills.

I have enclosed copies of the Department of Justice's

regulation implementing title III and its Technical Assistance
Manual for title III. Section 36.309 of the regulation is set
out at pages 35598-35599, and the requirements applicable to
private entities offering examinations and courses are discussed
in the Technical Assistance Manual at pages 39-41.

I hope this information is useful to you in understanding

the requirements of the ADA.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosure
Title III regulation
Title III Technical Assistance Manual
01-01971
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
ATTORNEYS AT LAW

February 3, 1992

Mr. John Wodatch

Director, Office of Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Re: Section 309 of Title III

Dear Mr. Wodatch:

I would appreciate an informal opinion as to Section

309 of Title III of the Americans with Disabilities Act. My
question is whether this provision covers continuing legal
education ("CLE") courses? As you know, many professional
groups and trade associations put on such courses to help keep
their members, e.g. the District of Columbia bar. The question
arises as to whether such courses are covered by Section 309 of
the ADA.
In addition, does the answer change if the
professional must have a certain number of CLE credits a year,
although he need not take any particular CLE course? For
example, the Virginia bar requires 12 hours of CLE credits.
There are literally hundreds of approved courses. Does section
309 of the ADA cover such courses?

I would appreciate an informal opinion on this matter

as soon as possible.
01-01972

SEYFARTH, SHAW, FAIRWEATHER & GERALDSON

Mr. John Wodatch
February 3, 1992
Page 2

If you have any questions concerning my inquiry,

please call me at (202) 828-5385.

Sincerely,

SEYFARTH, SHAW, FAIRWEATHER

& GERALDSON

By
Lawrence P. Postol
LPP/skv
5916n
01-01973