MAR 19 1996

XX
XX
XX
Dear XX

I am writing in response to your letter to President

Clinton, dated December 7, 1995. Several of the concerns that
you raised are related to specific provisions of the Americans
with Disabilities Act (ADA). The Disability Rights Section of
the Civil Rights Division of the Department of Justice implements
titles II and III of the ADA. Please excuse our delay in
responding.

You asked about accessibility in public schools and school

administration buildings. All public schools and state and local
government entities are covered under title II of the ADA. Title
II of the ADA is similar to Section 504 of an older law, the
Rehabilitation Act of 1973, which applies to programs receiving
Federal financial assistance and the operations of the Federal
government. Most school districts are covered by both title II
and Section 504.

Title II of the ADA requires that programs, activities, and

services be accessible to, and usable by, people with
disabilities. This does not necessarily mean that each facility
or part of a facility must undergo extensive structural changes.
School districts may pursue other options to achieve program
access. However, the method that is selected must be effective.
One of the acceptable options is to relocate meetings or services
to another facility. However, the new location must be readily
accessible to and usable by individuals with disabilities.
Sections 35.149 and 35.150 of the enclosed regulation and the
enclosed Title II Technical Assistance Manual will give you
additional information about program access. If school districts
and other covered entities are not able to provide effective
program access using alternative methods, then structural changes
must be made to remove barriers.

You also expressed concerns about the lack of privacy

available to you while voting during the last election. Like

cc: Records Chrono Wodatch Hill Bouvier McDowney FOIA

 N:\UDD\BOUVIER\XX .CON\secy.johnson
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other existing facilities covered under title II, polling places

are required to be accessible, unless alternative methods are
provided that are effective in enabling individuals with
disabilities to cast a ballot on the day of the election. A
ballot may be taken outside to the car, or an alternate method
ensuring privacy might be acceptable. Again, the method chosen
must be effective.

Your letter also describes the general lack of accessibility

that you have encountered in the past months, with particular
reference to a motel. Title III of the ADA covers places of
public accommodation such as hotels, motels, restaurants, and
service establishments. Under title III, private businesses in
existing buildings are required to remove barriers when it is
readily achievable to do so. "Readily achievable" means easy to
accomplish without much difficulty or expense. The enclosed
title III regulation and Technical Assistance Manual will give
you additional information about the provisions of title III,
including the Standards for Accessible Design, which must be
followed for new construction and alterations.

Although I understand that telephone communication is

difficult for you at present, you may call our ADA Information
Line using a text telephone at 800/514-0383. The voice number is
800/514-0301. You may also write to us at P.O. Box 66738,
Washington, DC 20035-6738. Please do not hesitate to contact us
if you have additional questions or concerns.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section
Enclosures
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XX
NOVEMBER 7, 1995

PRESIDENT WILLIAM CLINTON

1600 PENNSYLVANIA AVENUE NORTH WEST
WASHINGTON, DC 20500

DEAR PRESIDENT CLINTON:

I AM NOT SURE WHERE TO START, I HAVE MANY ISSUES I WOULD

LIKE TO COVER. I GUESS I WILL TELL YOU A BIT ABOUT MYSELF
FIRST.
IN XX , I WAS IN A AUTOMOBILE ACCIDENT, AND
THROUGH A MRI TEST, WE FOUND A CERABELLUM EPIDERMOID
TUMOR WHICH
WAS LOCATED ON MY BRAINSTEM. BEING THAT IT WAS LOCATED IN
SUCH
A SENSITIVE AREA, WHICH WAS THE NERVOUS SYSTEM, IT WAS SAID
THAT IT NEEDED TO BE REMOVED. THEY TOLD ME THAT IT HAD BEEN
SLOWLY GROWING SINCE BIRTH, IF IT HAD NOT BEEN DETECTED,
THAT
ONE DAY I MAY NOT HAVE WOKE UP. I AM A HOUSEWIFE AND YOUNG
MOTHER OF XX SCHOOL AGE CHILDREN, SO YOU CAN BET I CHOSE
THE
SURGERY. THE SURGERY LEFT ME TOTALLY PARALYZED, RESPITORY
PROBLEMS, AND A PARALYZES VOCAL CORD. I SPENT TWO MONTHS
IN
ICU, AND TEN MONTHS AWAY FROM MY HUSBAND AND CHILDREN IN
A
REHABILITATION CENTER. I FINALLY RETURNED BACK HOME WITH
MY
FAMILY IN XX , WITH THE ABILITY TO MOVE A GOOD PART
OF MY RIGHT SIDE, BUT MY VOCAL CORD IS STILL PARALYZED, SO
MY
COORESPODANCE IS BASICALLY LIMITED TO LETTERS. WE ARE STILL
KEEPING THE FAITH THAT I MAY REGAIN MOVEMENT OF MY LEFT
SIDE.
SINCE I HAVE RETURNED HOME I WANT NOTHING MORE THAN TO BE
ABLE
TO GET BACK TO MY HOMAKING DUTIES, AND WITH A LITTLE LUCK
AND
ALOT OF PRAYER, BACK TO PART-TIME EMPLOYMENT. I HAVE
ENCOUNTERED
NOTHING BUT ROAD BLOCKS ON A WEEKLY BASS.

MY FIRST ISSUE IS MEDICAID, THE WAY THE GUIDE LINES ARE

SET UP THEY DO NOT REALLY PERTAIN TO SOMEONE IN MY POSITION.
THE WAY IT IS SET UP IT GEARS MORE TOWARD THE ELDERLY
POPULATION.
WE ARE A YOUNG FAMILY OF XX , MY HUSBAND WORKS 40 HOURS A
WEEK
AND THEN COMES HOME TO TAKE CARE OF ME AND OUR CHILDREN,
IT
MAKES FOR A VERY LONG DAY. WITH HIS INCOME AND MY SSD, WE
GET
ABOUT 31,000.00 A YEAR, WHICH IS ALL FINE AND WELL, BUT
MEDICAID
DOES NOT TAKE INTO CONSIDERATION BILLS THAT WERE INCURRED
BEFORE
ALL OF THIS, AND THE EXPENSE OF CLOTHING, FOOD, OR CHILD CARE
FOR MY CHILDREN. MEDICAID IS TRYING TO TELL US THAT WE CAN
AFFORD TO PAY THEM $572.00 A MONTH ABOVE AND BEYOND WHAT
HE
IS ALREADY PAYING FOR. WE TRIED TO TELL THEM, THAT WITH THE
GUIDELINES THAT THEY GO BY, THE ONLY WAY HE COULD DO THAT
IS
TO GO BANKRUPT JUST TO PAY ANOTHER BILL, NOT EVEN TO GET
AHEAD.
IF WE ARE FORCED TO DO THAT, WE WILL BE NO FURTHER THAN WE
ARE
NOW, AND END UP WITH BAD CREDIT. I MYSELF HAD WORKED FOR
FIFTEEN
YEARS TO GET WHERE I AM TODAY, ONLY TO HAVE SOMEONE TELL
ME
THAT BECAUSE I NEED A HOME HEALTH AID 8 HOURS A DAY 5 DAYS A
WEEK, AND PHYSICAL THERAPY AND OCCUPATIONAL THERAPY 2
HOURS
A DAY 5 DAYS A WEEK THAT IT IS COSTING TOO MUCH THEREFORE
THEY
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WANT ME TO PAY. I COULD SEE IF I WAS MAKING NO PROGRESS, BUT

THAT IS NOT THE CASE. EVERYDAY IS A STEP CLOSER TO
INDEPENDENCE
TO ME. THE PROBLEM WITH SOCIETY TODAY IS THAT QUALITY OF
LIFE
IS NOT A BIG ENOUGH ISSUE, SO PEOPLE JUST DO NOT CARE. BEING
A YOUNG HOUSEWIFE AND MOTHER OF XX SCHOOL AGE CHILDREN,
QUALITY
OF LIFE IS A BIG ISSUE FOR US. I AM WORKING VERY HARD TO GET
THINGS AS BACK TO NORMAL AS POSSIBLE, YES IT IS GOING TO TAKE
SOME TIME, BUT IF I HAVE THE MEANS TO WANT TO GET BETTER AND
IT TAKES A COUPLE OF YEARS, IT WILL CERTAINLY COST LESS FOR
A COUPLE YEARS OF SERVICE THAN BEING ON MEDICAID FOR THE
REST
OF MY LIFE. THE WAY I SEE IT I HAVE ALREADY LOST XX WITH
MY FAMILY, TIME IS TOO PRECIOUS TO LOSE ANYMORE. IF YOU HAVE
ANY INPUT ON THIS, PLEASE SHARE IT.

MY NEXT ISSUE IS A STATE AGENCY CALLED VESID. I HAVE BEEN

HOME SINCE XX , AND VESID CAME TO MY HOME TO EVALUATE
FOR MODIFICATIONS THAT NEED TO BE DONE SO THAT I CAN BE ABLE
TO GET BACK TO MY HOUSEMAKING SKILLS, AND REGAIN BACK
SOME OF
MY INDEPENDENCE, AND ALSO RELIEVE MY XX OLD OF THINGS
THEY SHOULD NOT BE STUCK DOING. I HAVE SPOKE WITH VESID, AND
THEY TELL ME THAT IT COULD BE UP TO ANOTHER 5 MONTHS
BEFORE
THEY EVEN GET STARTED. MEANWHILE, I AM UNABLE TO GET INTO
MY
BATHROOM TO GET INTO THE SHOWER, I HAVE NO CHOICE BUT TO
GET
A BED BATH AND SHAMPOO MY HAIR IN THE SINK. I AM UNABLE TO
UTILIZE MY KITCHEN, UNABLE TO DO THE LAUNDRY, AND THEY
WERE
SUPPOSED TO SET UP A COMPUTER SO THAT I COULD CORRESPOND
TO
WHOM I NEEDED TO. MY HUSBAND HAS BEEN SO DISGUSTED WITH
VESID
THAT HE WENT OUT AND PURCHASED A DESK AND WORD-PROCESSOR
SO
I CAN WRITE WHO I NEED TO. I CANNOT CORRESPOND ON THE PHONE
I DO NOT HAVE ENOUGH VOICE FOR THAT. I HAVE BEEN HOME
ALMOST
XX AND IT REALLY SEEMS TO ME THAT THEY EXPECT ME TO JUST
STAY IN THIS WHEELCHAIR AND BE HAPPY WITH THAT. I AM TOO
STRONG
A PERSON TO GIVE UP NOW.

I AM VERY CONFUSED ON THE ISSUES THAT PERTAIN TO

HANDICAPPED
ACCESSIBILITY. WHERE MY CHILDREN GO TO SCHOOL IN THE XX
CITY SCHOOL DISTRICT, CLAIMS THAT THE SCHOOL BOARD
ADMINISTRATIVE
BUILDING IS NOT HANDICAP ACCESSIBLE, BUT SOMEONE COULD
MEET
WITH ME AT ONE OF THEIR ACCESSIBLE SCHOOLS. WHEN I SAT BACK
AND THOUGHT ABOUT THIS I DISCOVERED THAT THOSE SCHOOLS
ARE NOT
TOTALLY ACCESSIBLE. IF I WAS TO GET DROPPED OFF AT ONE OF
THOSE
SCHOOLS I WOULD NOT BE ABLE TO GET IN THE FRONT DOOR UNLESS
SOMEONE HAD TO OPEN IT FOR ME. WHERE THEY HOLD THE SCHOOL
BOARD
MEETINGS IT IS THE SAME WAY. I HAVE BEEN TRYING TO SET UP A
MEETING WITH THE SCHOOL SUPERINTENDENT FOR OVER A MONTH,
WITH
NO SUCCESS. THERE ARE SO MANY PLACES THAT CLAIM THEY ARE
ACCESSIBLE, BUT OVER THESE PAST 16 MONTHS I AM FINDING THAT
THEY ARE NOT. XX
WE RESERVED A HANDICAPPED ACCESSIBLE ROOM, ONLY TO FIND
OUT
THAT THE ONLY THING ACCESSIBLE WAS THE FRONT DOOR.

I WAS JUST FACED WITH THIS ISSUE, I THOUGHT THAT THE

CURTAINS AROUND A VOTING BOOTH WERE FOR PRIVACY. BEING
THE
SITUATION THAT I MYSELF AM IN, I HAD TO GO INTO THE BOOTH
WITH

MY HUSBAND, BECAUSE THE VOTING BOOTHS ARE ALL TOO TALL

FOR
SOMEONE IN A WHEELCHAIR, BESIDES THE FACT THAT THEY ARE NOT
DEEP ENOUGH FOR THE WHEELCHAIR TO FIT INTO. SO AS AN
AMERICAN
VOTING CITIZEN, THAT MY PRIVACY RIGHT IS BEING OVERLOOKED.

PRESIDENT WILLIAM CLINTON, ANY HELP YOU CAN GIVE ME WITH

THESE MATTERS, WOULD BE GREATLY APPRECIATED. I HAVE
ALREADY
CONTACTED SENATOR SEARS AND CONGRESSMAN BOELHERT ON
THESE
MATTERS, AND THEY REALLY HAD NO ANSWERS, SO YOU ARE MY
LAST
HOPE. HOPE TO HEAR FROM YOU SOON.

SINCERELY,

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