POLICY LETTER: October 29, 2002 to Dr. Perry A. Zirkel

Dr. Perry A. ZirkelUniversity Professor of Education and LawLehigh University College of EducationMountaintop Campus111 Research DriveBethlehem, Pennsylvania 18015-4794Dear Dr. Zirkel:This is in response to your letter to JoLeta Reynolds of the Office of Special Education Programs. You ask whether, and it [sic] so to what extent, the requirements of the IDEA and Section 504 (or the ADA), respectively apply to the following three types of overseas schools:Department of Defense overseas schoolsprivate international schools overseas that receive limited support from the U.S. Department of Stateother private international schools that offer the American Model' of education but without any support from the Department of State.In preparing this response, we have consulted with the Office for Civil Rights (OCR) in the Department of Education (Department).In reviewing your inquiry, we note that the substance of some of your questions is the same as that of questions thatto which the Department respondedto in a letter dated December 22, 1994. Based on the information you have provided, theprior response to you dated December 22, 1994 still represents the Department's position with regard to the Individuals with Disabilities Education Act. Another copy of the 1994 letter is included for your convenience.With respect to the application of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA) to Department of Defense overseas schools, since Department of Defense schools operate under separate statutory authority, you may wish to contact:Ms. Lorie SebestyenSpecial Education CoordinatorOffice of Dependents EducationDepartment of Defense Education Activity (DoDEA)4040 North Fairfax Drive, 9th FloorArlington, VA 22203-1635(703) 696-4235.With respect to your questions regarding the application of Section 504 or the ADA to private international schools overseas, the Office for Civil RightsOCR in the Department, as you know, enforces Section 504, which applies to recipients of Federal financial assistance, and Title II of the ADA, which applies to public entities whether or not they receive Federal funds. Regarding the Department of Education's position on the application of Section 504, please see the enclosed case closure letter issued by OCR, Arizona State University, 08-01-2047 (2001). Your inquiry regarding the application of Section 504 to schools receiving support from the U.S. Department of State should be directed to:Barbara PopeAssistant Secretary for Civil RightsU.S. Department of State2201 C Street, NWWashington, DC 20520Because your inquiry does not appear to apply to public entities under Title II of the ADA, any specific questions regarding the applicability of other titles of the ADA should be directed to:U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, NWDisability Rights Section - NXAUWashington, DC 20530 Questions about the obligations or conditions attached to other funding programs would have to be responded to in the context of the particular program at issue.We hope that this information is helpful to you.Sincerely,Stephanie S. LeeDirectorOffice of Special Education ProgramsEnclosuresPage PAGE 2 - Dr. Perry A. Zirkel{|56=Ukm(*,*.,0,4,...0'B*aJph#5B*CJOJQJ^JaJphh&F]h|mp^pC$Ej@^@2McZ[!!^^p^p**,*2,4,..d0f0h0j04466886:8:04>!#01h/ =!"#$%2dated December 22, 19942 2thatto .the Office for Civil Rights of Education282:4:8:,CJ0JmHnHu2VE2/s/ Patricia J. Guard for2Dated October 29, 20022Dated October 29, 20022