SEP 11 1992

The Honorable Michael G. Oxley
House of Representatives
2448 Rayburn House Office Building
Washington, D.C. 20615-3804

Attn: Jot Carpenter

Dear Congressman Oxley:

        This letter is in response to your inquiry on behalf of your
constituent, David A. Kovach, concerning the provision of a
reader for a State Board cosmetology test under the Americans
with Disabilities Act (ADA).

        Requirements for State licensing boards are discussed in
section II-3.7000, pages 13-14, of the enclosed Title II
Technical Assistance Manual. Under section 35.130(b)(6) of the
regulation implementing title II (copy enclosed), a public
entity, such as a State licensing board, may not discriminate on
the basis of disability in its licensing activities. A person is
a "qualified individual with a disability" with respect to
licensing, if he or she can meet the essential eligibility
requirements for receiving the license. A public entity does not
have to lower or eliminate licensing standards that are essential
to the licensed activity to accommodate an individual with a
disability. Whether a specific requirement is "essential" will
depend on the facts of the particular case.

        As discussed in section II-3.6000, page 13, of the Manual, a
public entity offering an examination must modify its policies,
practices, or procedures in order to provide an individual with a
disability an equal opportunity to demonstrate his or her
knowledge or ability. However, if the public entity can
demonstrate that a particular modification would fundamentally
alter the nature of the licensing program, the entity is not
required to make the modification.

udd:mather:cong.kovach
cc: Records, Chrono, FOIA, Friedlander (3), Breen, Mather

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                                - 2 -
        Please note that sections 102(B)(6) and 103(b) of the ADA,
to which Ms. Keys referred in her June 17, 1992, letter, are
contained in title I of the ADA, which covers employment
practices. Title I is inapplicable to licensing programs offered
by public entities. As noted above, State licensing examinations
are covered by title II of the ADA.

        If Ms. (b)(6) believes that she has been discriminated
against on the basis of her disability, she has two enforcement
options under the ADA: (1) She may secure private legal
representation and bring an action in Federal court, or (2) She
may file a complaint with the Department of Justice.

        If Ms. (b)(6) chooses to file a complaint with the Department
of Justice, she should send it to the Coordination and Review
Section, Civil Rights Division, U.S. Department of Justice, P.O.
Box 66118, Washington, D.C. 20035-6118. All complaints should be
in writing and should set forth, in as complete a manner as
possible, the factual circumstances surrounding the complaint.

        I hope this information is helpful to you in responding to
your constituent.
                                Sincerely,

                                John R. Dunne
                        Assistant Attorney General
                           Civil Rights Division
Enclosures (2)

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