U.S. Department of Justice

                                           Civil Rights Division



                                           Disability Rights, Section
                                           P.O. Box 66738
                                           Washington, DC 20035-6738


Mr. Richard C. Griswold
Executive Director
State of New Jersey
Board of Cosmetology and Hairstyling
124 Halsey Street, 6th Floor
Newark, New Jersey 07101

      RE: Complaint # XX


Dear Mr. Griswold:

     The Department of Justice has completed its review of a
complaint filed by Mr.  XX     against the New Jersey Board
of Cosmetology and Hairstyling. Mr.  XX    alleged that the Board
violated title II of the Americans with Disabilities Act (ADA)
when it refused to let him take the state cosmetology licensing
examination. Based upon information you and the complainant
shared with us, there is insufficient evidence to support a
violation of the ADA in this case.

     The complainant stated that he has dyslexia and has been
denied the chance to sit for the cosmetology licensing
examination. The Board granted the complainant an opportunity to
take the examination in 1992, with accommodation for his
disability, including a proctor to read the examination
questions. At that time, the complainant found it too arduous to
follow through with the examination because of his difficulty in
test taking. He decided to forego the examination at that time.

     Several years later, in 1995, the complainant reapplied and
was denied the opportunity to take the licensing examination.
The Board learned that he did not have a high school diploma, one
of the criteria expected of all candidates who apply for the
examination. Secondly, the Board discovered, and the complainant
admitted in a hearing before the Board, that he had falsified his
examination applications, claiming that he had a high school
diploma. Thus, based upon two legitimate nondiscriminatory
reasons, the Board refused to allow the complainant to take the
examination. The Board did not base its decision upon the
complainant's disability but upon the factors noted above.




01-00450
                      

         
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     On the basis of the above information, the Department has
closed this case effective the date of this letter. Thank you
for your assistance.

                                      Sincerely,




                                    Thomas Esbrook
                                Disability Rights Section

cc: XX
    Donald D. Vanarelli, Esq.




















                                                                               
        
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