The Department of Justice (DOJ) published a proposed rule. The rule is to expand the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA). The revision is an effort to make the Title II, which applies to the state and local governments, and Title III, which applies to public accommodations, regulatory definition of the term “disability” consistent with the definition of that term contained in the ADA Amendment Act of 2008.
The Notice of Proposed Rulemaking states that post-secondary educational institutions and entities that provide test administration services due to the increased number of people who will have qualifying disabilities are the public accommodations to be impacted, entitling them to test-taking accommodations. The DOJ estimates the monetary impact of the rule on public accommodations to be $382 million over the next eleven years.