[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14972-14976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6122]


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DEPARTMENT OF EDUCATION

34 CFR Part 104


Discrimination on the Basis of Disability in Federally Assisted 
Programs and Activities

AGENCY: Office for Civil Rights, Department of Education.

ACTION: Notice of interpretation.

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SUMMARY: The Department of Education (Department or Education) provides 
notice of its interpretation of Section 504 of the Rehabilitation Act 
of 1973 and the Department's implementing regulations, which prohibit 
discrimination on the basis of disability in federally assisted 
programs and activities (Education's Section 504 regulations). Among 
other things, Education's Section 504 regulations address the 
accessibility and usability of a recipient's facilities by persons with 
disabilities. This document explains that for new construction and 
alterations commenced on or after September 15, 2010, we will permit 
recipients of Federal financial assistance from the Department to use 
an additional alternative accessibility standard in lieu of the Uniform 
Federal Accessibility Standards (UFAS) for the purpose of complying 
with Section 504. Specifically, we will permit the use of the U. S. 
Department of Justice's 2010 ADA Standards for Accessible Design as 
defined in the Americans with Disabilities Act (ADA) Title II 
regulation (referred to in this notice as the 2010 Title II ADA 
Standards) except that Exception (1) to Section 206.2.3 does not apply. 
Use of the 2010 Title II ADA Standards will not be required as a means 
of compliance with Section 504,

[[Page 14973]]

however, until the Department revises its Section 504 regulations to 
formally adopt the 2010 Title II ADA Standards in lieu of UFAS.

DATES: Effective date: March 14, 2012.

FOR FURTHER INFORMATION CONTACT: Arthur Goldman, U.S. Department of 
Education, 400 Maryland Avenue SW., Washington, DC 20202-1100. 
Telephone: (800) 421-3481, or by email at: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll-free, at 1-
800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
disc) on request to the contact person listed in this section.

SUPPLEMENTARY INFORMATION:

Background

Section 504

    Education implements the requirements of Section 504 of the 
Rehabilitation Act of 1973 (Section 504),\1\ which prohibits 
discrimination on the basis of disability \2\ in federally assisted 
programs or activities, through regulations in 34 CFR part 104. 
Education's Section 504 regulations apply to recipients to which the 
Department extends Federal financial assistance. Among other things, 
Education's Section 504 regulations prohibit denial of the benefits of, 
exclusion from participation in, or other discrimination against 
qualified individuals with disabilities in programs or activities 
because a recipient's facilities are inaccessible to or unusable by 
persons with disabilities.\3\
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    \1\ 29 U.S.C. 794.
    \2\ In this notice, we use the term ``disability,'' the term 
that is currently used by Congress in legislation, in place of the 
term ``handicap,'' which was used in the 1973 statute and our 1977 
regulations. There is no substantive difference.
    \3\ 34 CFR 104.21.
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    Education's Section 504 regulations require that if construction of 
a recipient's facility commenced after the effective date of the 
regulations (June 3, 1977) \4\ the facility must be designed and 
constructed so that it is readily accessible to and usable by persons 
with disabilities.\5\ These regulations also require that facility 
alterations commenced after June 3, 1977, that affect or may affect the 
facility's usability must be accomplished so that, to the maximum 
extent feasible, the altered portion of the facility is readily 
accessible and usable by persons with disabilities.\6\
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    \4\ The former Department of Health, Education, and Welfare 
issued section 504 regulations, including this provision, with an 
effective date of June 3, 1977. See 45 CFR part 84 (1978). Upon the 
establishment of the Department of Education, 20 U.S.C. 3401 et 
seq., we adopted those regulations without substantive change.
    \5\ 34 CFR 104.23(a) provides: Design and construction. Each 
facility or part of a facility constructed by, on behalf of, or for 
the use of a recipient shall be designed and constructed in such 
manner that the facility or part of the facility is readily 
accessible to and usable by * * * persons [with disabilities], if 
the construction was commenced after the effective date of this 
part.
    \6\ 34 CFR 104.23(b) provides: Alteration. Each facility, or 
part of a facility which is altered by, on behalf of, or for the use 
of a recipient after the effective date of this part in a manner 
that affects or could affect the usability of the facility or part 
of the facility shall, to the maximum extent feasible, be altered in 
such manner that the altered portion of the facility is readily 
accessible to and usable by * * * persons [with disabilities].
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    For facilities subject to the new construction and alterations 
requirements, 34 CFR 104.23(c) has always incorporated by reference an 
accessibility design standard, such that construction or alterations in 
conformance with that standard would be deemed compliance with 
Education's Section 504 regulations.\7\ Under the current regulations, 
at 34 CFR 104.23(c), new construction or alterations made in 
conformance with the Uniform Federal Accessibility Standards (UFAS) are 
deemed to be in compliance with Education's Section 504 regulations, 
although a recipient may depart from UFAS when other methods provide 
equivalent or greater access to and usability of the facility.\8\
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    \7\ 34 CFR 104.23(c). This section, in its entirety, provides: 
Conformance with Uniform Federal Accessibility Standards.
    (1) Effective as of January 18, 1991, design, construction, or 
alteration of buildings in conformance with sections 3-8 of the 
Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR 
subpart 101-19.6) shall be deemed to comply with the requirements of 
this section with respect to those buildings. Departures from 
particular technical and scoping requirements of UFAS by the use of 
other methods are permitted where substantially equivalent or 
greater access to and usability of the building is provided.
    (2) For the purposes of this section, section 4.1.6(1)(g) of 
UFAS shall be interpreted to exempt from the requirements of UFAS 
only mechanical rooms and other spaces that, because of their 
intended use, will not require accessibility to the public or 
beneficiaries or result in the employment or residence therein of 
persons with physical [disabilities].
    (3) This section does not require recipients to make building 
alterations that have little likelihood of being accomplished 
without removing or altering a load-bearing structural member.
    \8\ 34 CFR 104.23(c)(1).
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    The adoption of UFAS as an accessibility design standard in 
Education's Section 504 regulations occurred in 1991 as part of a joint 
rulemaking with other Federal agencies, led by the Department of 
Justice (DOJ) pursuant to its coordinating authority for Section 504 
under Executive Order 12250. We and the other participating agencies 
adopted UFAS (effective January 18, 1991) to diminish the possibility 
that some recipients of Federal financial assistance would face 
conflicting enforcement standards either between Section 504 and the 
Architectural Barriers Act of 1968,\9\ or among the Section 504 
regulations of different Federal agencies.\10\ In addition, after DOJ 
adopted the 1991 ADA Accessibility Standards for compliance with Title 
II of the ADA, Education permitted entities subject to our Section 504 
regulation and the ADA to use the 1991 Standards, except that the 
elevator exemption contained at section 4.1.3(5) and section 
4.1.6(1)(k) does not apply.\11\
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    \9\ The Architectural Barriers Act of 1968 (ABA), 42 U.S.C. 
4151-4157, directed four agencies, the General Services 
Administration, the Department of Housing and Urban Development, the 
Department of Defense, and the United States Postal Service, to 
establish accessibility standards for the design, construction, and 
alteration of certain Federal and federally funded buildings. The 
four agencies adopted UFAS as the ABA standard in 1984.
    \10\ 55 FR 52136-37 (1990).
    \11\ See ``Major Differences Between the Americans with 
Disabilities Act Accessibility Guidelines for Buildings and 
Facilities and the Uniform Federal Accessibility Standards,'' Office 
for Civil Rights (OCR), U.S. Department of Education, September 
1993, at 4. This technical assistance handout was distributed as an 
attachment to a September 17, 1993, memorandum from Norma V. Cantu, 
Assistant Secretary for Civil Rights, to OCR Senior Staff, with 
instructions that it was designed to accompany technical-assistance 
presentations on the issue of accessibility and that OCR staff 
should disseminate copies to interested persons.
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Title II Regulations

    Title II of the ADA prohibits discrimination on the basis of 
disability by public entities. Public educational institutions that are 
subject to Education's Section 504 regulations because they receive 
Federal financial assistance from us are also subject to the Title II 
regulations because they are public entities (e.g., school districts, 
State educational agencies, public institutions of vocational 
education, and public colleges and universities). Pursuant to a 
delegation by the Attorney General of the United States, Education 
shares in the enforcement of Title II by virtue of being the designated 
agency to investigate complaints and seek voluntary compliance under 
Title II for certain types of public educational entities.\12\ Thus, 
for those entities, Education enforces both Section 504

[[Page 14974]]

and Title II, as well as the implementing regulations of both 
statutes.\13\
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    \12\ Education is the designated agency for public elementary 
and secondary education systems and institutions, institutions of 
higher education and vocational education (other than schools of 
medicine, dentistry, nursing, and other health-related schools), and 
libraries. 28 CFR 35.190(b)(2).
    \13\ DOJ enforces Title III of the ADA and has advised Education 
that private educational institutions that are subject to 
Education's Section 504 regulations are in almost all cases also 
subject to Title III.
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Definitions of Standards Referenced in This Notice

    In this notice, we explain our interpretation of 34 CFR 104.23 as 
it relates to new construction and alterations commenced on or after 
September 15, 2010. As described more fully later in this notice, our 
purpose is to inform all interested parties that for new construction 
and alterations commenced after that date, we are interpreting 
Education's current Section 504 regulations to permit use of 
accessibility standards that are consistent with DOJ's Title II 
regulations until Education's Section 504 regulations are revised.\14\ 
DOJ first issued the Title II regulations in 1991,\15\ and published 
revisions to the regulations on September 15, 2010. These revised 
regulations included modifications to the Title II ADA 
nondiscrimination requirements and they adopt revised ADA accessibility 
standards (the 2010 Title II ADA Standards). Before discussing 
Education's decision to deem the 2010 Title II ADA Standards as an 
acceptable alternative to UFAS, we first introduce and define the 
various accessibility standards referenced in the Title II regulations 
or Education's Section 504 regulations that are used for designing, 
constructing, or altering a facility:
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    \14\ 34 CFR 104.23(c). 42 U.S.C. 12131 et seq.; 28 CFR part 35. 
The Title II regulations and supplementary information were 
published in the Federal Register on September 15, 2010 (75 FR 
56164-56236). DOJ's ADA Web site contains links to HTML and PDF 
versions at www.ada.gov/regs2010/ADAregs2010.htm.
    \15\ 28 CFR part 35 (1992). DOJ also issued regulations in 1991 
under Title III of the ADA, 42 U.S.C. 12181 et seq., 28 CFR part 36 
(1992), that prohibit discrimination on the basis of disability by, 
among other entities, private educational institutions. As 
previously noted, DOJ enforces Title III of the ADA.
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    UFAS means the Uniform Federal Accessibility Standards. Education's 
Section 504 regulations reference sections 3 through 8 of UFAS.\16\
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    \16\ 34 CFR 104.23(c).
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    1991 Standards means the requirements in the ADA Standards for 
Accessible Design originally published as Appendix A to 28 CFR part 36 
on July 26, 1991, and republished as Appendix D to 28 CFR part 36 on 
September 15, 2010.\17\
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    \17\ 28 CFR 35.104. These standards were based on the ADA 
Accessibility Guidelines (ADAAG) published by the Access Board 
(Architectural and Transportation Barriers Compliance Board) in 1991 
(1991 ADAAG). DOJ's ADA Web site contains links to HTML and PDF 
versions of the 1991 Standards at www.ada.gov/stdspdf.htm.
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    2010 Standards as defined in the Title II regulation, means the 
2010 ADA Standards for Accessible Design, which consist of the 2004 
ADAAG and the requirements contained in 28 CFR 35.151.\18\ In this 
notice, these standards are referred to as the ``2010 Title II ADA 
Standards.''
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    \18\ 28 CFR 35.104. DOJ provides an online compilation of the 
revised ADA regulations that includes the 2010 Standards, guidance 
about the 2010 Standards, and the Title II and Title III regulations 
and the interpretive guidance accompanying the regulations, at 
www.ada.gov/2010ADAstandards_index.htm. There are links to HTML, 
PDF screen, and PDF print versions of the 2010 Standards and the 
regulations. (The online version also includes the 2010 Title III 
ADA Standards for the purposes of the Title III regulations, i.e., 
28 CFR part 36, subpart D, and 2004 ADAAG.)
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    2004 ADAAG means the requirements set forth in appendices B and D 
to 36 CFR part 1191 (2009).\19\
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    \19\ 28 CFR 35.104.
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Accessibility Standards in Title II Regulations Issued by DOJ

    DOJ's Title II regulations prohibit exclusion from participation in 
or the denial of the benefits of services, programs, or activities, or 
other discrimination because a public entity's facilities are 
inaccessible to or unusable by individuals with disabilities. The Title 
II regulations provide that design, construction, and alterations of 
facilities commenced after January 26, 1992, must be done in such a 
manner that the facility or part of the facility being built or altered 
is readily accessible to and usable by individuals with 
disabilities.\20\
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    \20\ 28 CFR 35.151(a) (new construction); 28 CFR 35.151(b) 
(alterations).
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    The Title II regulations issued in 1991 (which have been revised in 
relevant part, as discussed later in this section) incorporated by 
reference two sets of standards for new construction and alterations: 
UFAS and the 1991 Standards \21\ without the ``elevator exemption.'' 
\22\ The 1991 Title II regulations also permitted departures from the 
particular requirements of either standard by the use of other methods 
when it was clearly evident that equivalent access to the facility or 
part of the facility is thereby provided.\23\
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    \21\ See definition of 1991 Standards in the Definitions of 
Standards Referenced in this Notice section of this notice.
    \22\ The 1991 Title II regulations provided that design, 
construction, or alterations of facilities in conformance with UFAS 
or the 1991 Standards shall be deemed compliant with the relevant 
requirements, except that if the public entity chose the 1991 
Standards, the elevator exemption set forth at section 4.1.3(5) and 
section 4.1.6(1)(k) of those standards did not apply. All references 
in this notice to the ``elevator exemption'' in connection with the 
1991 Standards refer to the exemption from these specific sections 
of the 1991 Standards. The elevator exemption, applicable to certain 
private buildings under the 1991 Standards pursuant to the 1991 
Title III ADA regulations, provided that, with some exceptions, 
elevators were not required in facilities that have less than three 
stories or have less than 3,000 square feet per story. Consequently, 
although the 1991 Standards contained an elevator exemption, the 
Title II regulations prohibited public entities that chose to use 
the 1991 Standards for new construction or alterations from applying 
the elevator exemption. 28 CFR 35.151(c).
    \23\ 28 CFR 35.151(c).
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    On September 15, 2010, DOJ published revisions to the Title II 
regulations.\24\ The revised regulations became effective March 15, 
2011. Among other things, they provide that new construction and 
alterations that commence on or after March 15, 2012, must comply with 
the 2010 Title II ADA Standards.\25\
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    \24\ That same day, DOJ also published revisions to the Title 
III regulations (75 FR 56236).
    \25\ See definition of the 2010 Standards (2010 Title II ADA 
Standards) in the Definitions of Standards Referenced in this Notice 
section in this notice.
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    The revised Title II regulations permit covered entities to use the 
2010 Title II ADA Standards as an alternative to the 1991 Standards 
without the elevator exemption or to UFAS for new construction and 
alterations that commenced on or after September 15, 2010, but before 
March 15, 2012.\26\ This approach provides flexibility for covered 
entities that comply with building codes that have many of the same 
requirements as the 2010 Title II ADA Standards.
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    \26\ 28 CFR 35.151(c)(2).
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    As emphasized by the revised Title II regulatory language as well 
as the interpretive guidance published with it, covered entities 
engaged in physical construction or alterations during this period may 
select only one standard from among the three options. They may not 
rely on some of the requirements contained in one standard and some of 
the requirements contained in the other standards.\27\
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    \27\ 75 FR 56164, 56213 (Sep. 15, 2010).
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Education's Enforcement of DOJ's Title II Regulations

    Public entities that receive Federal financial assistance are 
subject to both Title II and Section 504, and, as described previously, 
Education shares enforcement responsibilities with DOJ for Title II 
because it is the designated agency for investigation of complaints and 
voluntary compliance under Title II. For new construction and 
alterations commenced on or after March 15, 2012, the 2010 Title II ADA 
Standards will be

[[Page 14975]]

used by Education in its enforcement of the Title II regulations.\28\
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    \28\ 28 CFR 35.151(c)(3). In other words, for the purposes of 
Title II compliance, a public entity must comply with the 2010 Title 
II ADA Standards as of March 15, 2012, even if UFAS remains an 
option under the Section 504 regulations for some period after this 
date. In addition, DOJ, which enforces Title III of the ADA, has 
advised Education that as of March 15, 2012, entities subject to 
Title III must use the 2010 Title III ADA Standards for the purposes 
of Title III ADA compliance.
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Education's Intent To Revise its Section 504 Regulations To Adopt the 
2010 Title II ADA Standards

    In the preamble to the final Title II regulation, DOJ stated that 
Federal agencies that extend Federal financial assistance should revise 
their Section 504 regulations to adopt the 2010 Standards as Section 
504 standards for new construction and alterations.\29\ Following 
issuance of the final rule, DOJ reiterated its intent to work with 
Federal agencies ``to revise their Section 504 regulations in the near 
future to adopt the 2010 Standards as the appropriate accessibility 
standard for their recipients.'' \30\ The 2010 Standards were adopted 
through formal rulemaking and were subject to substantial scrutiny and 
deliberation, including consideration of costs and benefits; we intend 
to harmonize the corresponding requirements of Education's Section 504 
regulations with the Title II requirements. For these reasons, in 
coordination with DOJ, we are planning to initiate rulemaking to 
address the relevant standards of Education's Section 504 regulations 
for new construction and alterations commencing on or after March 15, 
2012, by proposing an amendment to adopt the 2010 Title II ADA 
Standards, in lieu of UFAS, except that Exception (1) to Section 
206.2.3 would not apply.\31\
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    \29\ 75 FR 56164, 56213 (Sep. 15, 2010) (Because ``construction 
in accordance with UFAS would no longer satisfy ADA requirements[,] 
* * * the Department [of Justice] would coordinate a government wide 
effort to revise Federal agencies' section 504 regulations to adopt 
the [2010 Title II ADA Standards] as the Standard for new 
construction and alterations.'').
    \30\ Memorandum dated March 29, 2011, from Thomas E. Perez, 
Assistant Attorney General, Division of Civil Rights, U.S. DOJ, to 
Federal Agency Civil Rights Directors and General Counsels, titled 
``Permitting Entities Covered by the Federally Assisted Provisions 
of Section 504 of the Rehabilitation Act to Use the 2010 ADA 
Standards for Accessible Design as an Alternative Accessibility 
Standard for New Construction and Alterations'' (March 29, 2011 DOJ 
memorandum.) This memorandum is available on DOJ's ADA Web site at 
http://www.ada.gov/504_memo_standards.htm.
    \31\ Section 206.2.3 of the 2010 Title II ADA Standards requires 
that an accessible route connect each story and mezzanine in multi-
story facilities, which means that an elevator is required unless 
there is an applicable exception. Exception (1) to Section 206.2.3 
exempts from this requirement certain private facilities that are 
less than three stories or that have less than 3000 square feet per 
story. Because Education's Section 504 regulations for new 
construction and alterations impose the same obligation on 
recipients whether they are public or private entities, the 
Department is announcing that it will not permit recipients that are 
private entities to avail themselves of Exception (1).
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Applicable Standards Under the Department of Education's Section 504 
Regulation

    Because the only standard specifically incorporated by reference in 
Education's Section 504 regulations at this time is UFAS, we have 
received questions both about whether, for new construction and 
alterations commenced on or after September 15, 2010, but before March 
15, 2012, we will interpret Education's Section 504 regulations to deem 
conformance with the 2010 Title II ADA Standards or the 1991 Standards 
without the elevator exemption as compliance with these requirements, 
and about which standards will be permissible on or after March 15, 
2012. DOJ, exercising its Section 504 coordinating authority, has 
advised all affected Federal agencies that, until the agencies revise 
their Section 504 regulations, they may issue guidance to recipients 
that permits, but does not require, recipients to use the 2010 Title II 
ADA Standards as an acceptable alternative to UFAS for the purposes of 
compliance with Section 504.\32\
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    \32\ March 29, 2011 DOJ memorandum.
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Standards Applicable Prior to March 15, 2012

    We announce, through this notice, that we will permit, but not 
require, recipients to use the 2010 Standards as adopted in the Title 
II regulations, except that Exception (1) in Section 206.2.3 does not 
apply, as an acceptable alternative accessibility standard for new 
construction and alterations commencing on or after September 15, 2010, 
but before March 15, 2012. In addition, based on our longstanding 
policy, we will also continue to interpret 34 CFR 104.23(c), which 
addresses UFAS and departures from UFAS, to permit, but not require, 
recipients to use the 1991 Standards without the elevator exemption as 
an acceptable alternative accessibility standard for new construction 
and alterations that commence before March 15, 2012. This is also 
consistent with the corresponding provision in the Title II 
regulations, 28 CFR 35.151(c), which provides:

    If physical construction or alterations commence on or after 
September 15, 2010 and before March 15, 2012, then new construction 
and alterations subject to this section may comply with one of the 
following: The 2010 Standards, UFAS, or the 1991 Standards except 
that the elevator exemption contained at section 4.1.3(5) and 
section 4.1.6(1)(k) of the 1991 Standards shall not apply. 
Departures from particular requirements of either standard by use of 
other methods shall be permitted when it is clearly evident that 
equivalent access to the facility or part of the facility is thereby 
provided.\33\
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    \33\ 28 CFR 35.151(c)(2).

    Thus, for the period spanning September 15, 2010, to March 14, 
2012, we are deeming compliance with any of the following three 
accessibility standards as compliance with 34 CFR 104.23: (1) The 1991 
Standards without the elevator exemption, (2) the 2010 Title II ADA 
Standards except that Exception (1) to Section 206.2.3 does not apply, 
or (3) UFAS. We note, however, that a recipient may select only one 
standard from among these options for purposes of complying with 34 CFR 
104.23.
    Because under Education's Section 504 regulations we apply the same 
accessibility standards for new construction and alterations to private 
and public recipients, this notice applies to recipients of Federal 
financial assistance from the Department regardless of whether they are 
public or private entities. That is, under the interpretation announced 
in this notice, both private and public recipients may make the same 
choice of a standard for the purposes of compliance with Education's 
Section 504 regulations. Education wishes to emphasize that private 
entities that are covered both by our Section 504 regulation and by 
Title III of the ADA and that choose the 2010 Standards may not rely on 
the elevator exception found at Exception (1) to section 206.2.3 of the 
2010 Standards.

Standards Applicable Under Section 504 as of March 15, 2012

    In addition, effective March 15, 2012, because the 1991 Standards 
will no longer be an applicable standard under the ADA for any new 
construction and alterations, we are announcing that for Section 504, 
recipients will have the choice of the 2010 Title II ADA Standards 
(except that Exception (1) to Section 206.2.3 does not apply) or UFAS 
until Education has revised its Section 504 regulation to adopt the 
2010 Title II ADA Standards. Please refer to the following table of 
dates and accessibility standards for a quick

[[Page 14976]]

reference to standards for complying with 34 CFR 104.23.

     Table of Applicable Standards for Complying With 34 CFR 104.23
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    Date construction or alteration          Applicable standards for
               commenced                   complying with 34 CFR 104.23
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Between 6/3/77 and 1/17/91.............  ANSI A117.1-1961 (R1971).\34\
Between 1/18/91 and 1/25/92............  UFAS.
Between 1/26/92 and 9/14/10............  UFAS or 1991 Standards without
                                          the elevator exception.
Between 9/15/10 and 3/14/12............  UFAS, 1991 Standards without
                                          the elevator exception, or
                                          2010 Title II ADA Standards
                                          except that Exception (1) to
                                          Section 206.2.3 does not
                                          apply.
On or after 3/15/2012 (until the         UFAS or 2010 Title II ADA
 regulations are revised).                Standards except that
                                          Exception (1) to Section
                                          206.2.3 does not apply.
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    \34\ This is the ``American National Standards Specifications 
for Making Buildings and Facilities Accessible to, and Usable by, 
the Physically Handicapped,'' published by the American National 
Standards Institute, Inc.
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    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have software to open a PDF file. One option is Adobe Acrobat 
Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article-search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.
    This notice is also available on OCR's Web site at: http://www.ed.gov/ocr.

    Authority:  29 U.S.C. 794.

    Dated: March 8, 2012.
Arne Duncan,
Secretary of Education.
[FR Doc. 2012-6122 Filed 3-13-12; 8:45 am]
BILLING CODE 4000-01-P