Public elementary school has doors in front of the school that handicapped individuals are not able to open. It is not motorized and unable to be held open my an individual why they are also trying to get through the doorway into the school.
Elder Law Attorney
Under Title II of the Americans with Disabilities Act (ADA), federal, state, and local programs are required to be accessible to individuals with disabilities. Depending upon whether or not there is another accessible entrance, the school may or may not be required to make the entrance of the school accessible. You can contact the Civil Rights Division of the US Department of Justice for more information.
3 lawyers agree
Schools are required to accommodate the disabled under Title II. They may not however be required to provide that specific accommodation. Older schools particularly have difficulty complying because they were not designed to accommodate disabled citizens whether in school or otherwise. The entire disability regulatory system is relatively new , within the last fifty-years . Many of our schools could have had Franklin Roosevelt in kindergarten. School districts scramble to come up with funds to put lifts and ramps, handrails, etc. They are required to comply; however, how quickly they do so is always problematic.
Best of luck!
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.
2 lawyers agree