in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Both statutes apply to discrimination by educational facilities in receipt of federal funds, see 42 U.S.C. § 12181(7)(J) and 29 U.S.C. § 794(b)(2)(A), and neither limits its prohibitions to discrimination in the employment context. The language of both Title III of the ADA and Section 504 of the Rehabilitation Act is substantially similar to Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-88 (1988), which courts have held is the statutory basis for hostile learning environment claims based on sexual harassment. See, e.g., Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60, 75, 112 S.Ct. 1028, 1037-38, 117 L.Ed.2d 208 (1992) (<HOLDING>); Seamons v. Snow, 84 F.3d 1226, 1232 (10th
holding that an increase in the mandatory minimum sentence based on judicial factfinding does not evade the requirements of the fifth and sixth amendments and reaffirming mcmillan v pennsylvania 477 us 79 106 sct 2411 91 led2d 67 1986 holding that the analysis in meritor sav bank fsb v vinson 477 us 57 64 106 sct 2399 2404 91 led2d 49 1986 applies to claims of sexual harassment under title ix holding that batson v kentucky 476 us 79 106 sct 1712 90 led2d 69 1986 does not apply retroactively to cases on collateral review holding that a statute did not  directly and substantially interfere with family living arrangements despite district courts finding that the wife and children of one striking worker left his household after he was denied food stamps and that the couple subsequently divorced quoting lyng v castillo 477 us 635 637 106 sct 2727 2729 91 led2d 527 1986 quoting zablocki 434 us at 38687  n 12 98 sct at 681  n 12 holding on the authority of celotex v catrett 477 us 317 106 sct 2548 91 led2d 265 1986 that hearsay evidence produced in an affidavit opposing summary judgment may be considered if the outofcourt declarant could later present that evidence through direct testimony ie in a form that would be admissible at trial 