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applicants for employment to indicate whether and to what extent they are handicapped, Provided, That: (1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally, if no written questionnaire is used, that the information requested is intended for use solely in Connection with its remedial action obligations or its voluntary or affirmative action efforts; and (2) The recipient States Clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in paragraph (d) of this section, that refusal to provide it will not. Subject the applicant Or employee to any adverse treatment, and that it will be used only in accordance with this part. (c) Nothing in this Section shall prohibit a recipient from conditioning an offer of employment on the results of a medical examination conducted prior to the employee’s entrance on duty, Provided, That: (1) All employees are subject to Such an examination regardless of handicap, and (2) The results of Such an examination are used only in accordance with the requirements of this part. (d) Information obtained in accordance with this section as to the mediCal Condition or history Of the applicant shall be collected and maintained on separate forms that shall be a Ccorded confidentiality as medical records, except: (1) Employing officials may obtain the information after making a conditional decision to make a job offer to the applicant or the applicant was placed conditionally in a job pool or placed conditionally on an eligibility list; (2) Supervisors and managers may be informed regarding restrictions on the work or duties of qualified handicapped individuals and regarding necessary a Ccommodations; (3) First aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and (4) Government officials investigating compliance with the Act shall be provided information upon request.
$8b.15 Employment on ships.
No qualified handicapped individual p0SSessing an appropriate license or Certificate obtained from the United States Coast Guard pursuant to the requirements of 46 CFR 10.01–1 et seq. and 12.01–1 et Seq. Shall, on the basis of handicap, be subjected to discrimination in employment on ships under any program or activity to which this part applies.
Subpdrf C–Program Accessibility
$8b.16 Discrimination prohibited.
No qualified handicapped individual shall, because a recipient’s facilities are inaccessible to or unusable by handicapped individuals, be denied the benefits of, be excluded from participation in, Or Otherwise be subjected to discrimination under any program or activity to which this part applies.
$8b.17 Existing facilities.
(a) Program accessibility. A recipient shall operate each program or activity to which this part applies so that the program Or activity, when viewed in its entirety, is readily accessible to qualified handicapped individuals. This paragraph does not require a recipient to make each of its existing facilities or every part of a facility accessible to and usable by qualified handicapped individuals. However, if a particular program is available in only one location, that site must be made accessible or the program must be made available at an alternative accessible Site or sites. Program accessibility requires nonperSonal aids to make the program accessible to mobility inpaired persons.
(b) Methods. A recipient may comply with the requirements of paragraph (a) of this Section through such means as redesign of equipment, reassignment of Classes Or Other Services to a CCeSSible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible Sites, alteration of existing facilities and construction of new facilities in conformance with the requirement of $8b.19, or any other method that results in making its program or activity accessible to handicapped individuals. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with paragraph (a) of this section. In Choosing anong available methods for meeting the requirement of paragraph (a) of this section, a recipient shall give priority to those methods that offer programs and activities to handicapped individuals in the most integrated setting appropriate. (c) If a Small recipient finds, after consultation with a qualified handicapped individual seeking its services, that there is no method of complying with paragraph (a) of this Section. Other than making a Significant alteration in its existing facilities or facility, the Small recipient may, as an alternative, refer the qualified handicapped individual to other providers of those services that are accessible at no additional cost to the handicapped. (d) Time period. A recipient shall comply with the requirement Of paragraph (a) of this section within 60 days of the effective date of this part. Where structural changes in facilities are necessary, such changes shall be made within three years of the effective date of this part, but in any event as expeditiously as possible. (e) Transition plan. In the event, that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this Section, a recipient shall develop, within Six months of the effective date of this part, a transition plan Setting forth the Steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, including handicapped persons or Organizations representing handicapped persons. A Copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum: (1) Identify physical obstacles in the recipient’s facilities that limit the accessibility of its program or activity to qualified handicapped individuals; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary to achieve full program accessibility and, if the time period of the transition plan is longer than one year, identify the steps that
will be taken during each year of the transition period; and
(4) Indicate the person responsible for implementation of the plan.
(f) Notice. The recipient shall adopt and implement procedures to ensure that interested persons, including perSons with impaired vision or hearing, can obtain information as to the existence and location of Services, activities and facilities that are accessible to and usable by qualified handicapped individuals.
(Approved by the Office of Management and Budget under control number 0605–0006)
[47 FR 17746, Apr. 23, 1982, as amended at 47 F.R. 35472, Aug. 16, 1982]
$8b.18 New construction.
(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a reCipient shall be designed and conStructed in Such manner that the facility or part of the facility is readily accessible to and usable by qualified handicapped individuals, if the conStruction was Commenced after the effective date of this part. (b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by qualified handicapped individuals. (C) Conformance with Uniform Federal Accessibility Standards. (1) Effective as of August 17, 1990, design, construction, or alteration of buildings in conformance with sections 3–8 of the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR subpart 101–19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where Substantially equivalent or greater access to and usability of the building is provided. (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handiCapS. (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.
[47 FR 17746, Apr. 23, 1982, as amended at 55 FR 29320, Jul. 18, 1990]
Subport D–Post Seconddry EduCotion
$8b. 19 Application of this subpart.
Subpart D applies to post secondary education programs and activities, including post secondary vocational education programs and activities, that receive or benefit from Federal financial assistance for the Operation of, Such programs Or activities.
$8b.20 Admission and recruitment.
(a) General. Qualified handicapped may not, on the basis of handicap, be denied admission or be subjected to discrimination in admission or recruitment by a recipient to which this subpart applies. (b) Admissions. In administering its admission policies, a recipient to which this Subpart applies: (1) May not apply limitations upon the number or proportion of handiCapped individuals who may be admitted; and (2) May not make use of any test or criterion for admission that has a disproportionate, adverse effect on handicapped individuals or any class of handicapped individuals unless: (i) The test Or Criterion, as used by the recipient, has been validated as a predictor of success in the education program or activity in question; and (ii) Alternate tests Or Criteria, that have a less disproportionate, adverse effect are not shown by the Secretary to be available. (3) Shall assure itself that (i) admisSions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a handicap that impairs sen
SOry, manual, or Speaking skills, the test results accurately reflect the applicant’s aptitude or achievement level of whatever other factor the test purportS to measure, rather than reflecting the applicant’s impaired sensory, manual, or Speaking skills (except Where those skills are the factors that the test purports to measure); (ii) admissions tests that are designed for persons with impaired sensory, manual, or Speaking skills are offered as Often and in as timely a manner as are Other admissions tests; and (iii) admisSiOnS tests are administered in facilities that, on the whole, are accessible to handicapped individuals; and (4) Except as provided in paragraph (c) of this section, may not make preadmission inquiry as to whether an applicant for admission is a handicapped individual but, after admission, may make inquiries on a confidential basis as to handicaps that may require acCommodation. (c) Pre-admission inquiry eacception. When a recipient is taking remedial action to correct the effects of past disCrimination pursuant to $8b.6(a) or when a recipient is taking voluntary action to Overcome the effects of Conditions that resulted in limited participation in its federally assisted program or activity pursuant to $8b.6(b), the recipient may invite applicants for admission to indicate whether and to what extent they are handicapped, Provided, That: (1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally, if no written questionnaire is used, that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary action efforts; and (2) The recipient States clearly that the information is being requested On a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with this part. (d) Validity Studies. For the purpose of paragraph (b)(2) of this section, a recipient may base prediction equations on first year grades, but shall Conduct periodic validity studies against the criterion of overall success in the education program or activity in question in order to monitor the general validity of the test scores.
$8b.21 Treatment of students.
(a) General. NO qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be Subjected to discrimination under any academic research, occupational training, housing, health insurance, CounSeling, financial aid, physical eduCation, athletics, recreation, transportation, other extracurricular, Or Other post Secondary education program or activity to which this subpart applies.
(b) A recipient to which this Subpart applies that considers participation by Students in education programs or a Ctivities not Operated wholly by the recipient as part of, or equivalent to, education programs or activities Operated by the recipient shall assure itself that the other education program Or activity, as a whole, provides an equal opportunity for the participation of qualified handicapped persons.
(c) A recipient to which this Subpart applies may not, on the basis of handicap exclude any qualified handicapped student from any course or study, or other part of its education program or activity.
(d) A recipient to which this Subpart applies shall Operate its programs and activities in the most integrated Setting appropriate.
$8b.22 Academic adjustments.
(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirement.S as are necessary to ensure that Such requirementS do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the program of instruction being pursued by Such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of
degree requirements, substitution of Specific courses required for the Completion of degree requirements, and adaptation of the manner in which Specific courses are conducted. (b) Other rules. A recipient to which this Subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handiCapped Students in the recipient’s eduCation program Or activity. (C) Course eacaminations. In its Course examinations or other procedures for evaluating student’s academic achievement in its program, a recipient to which this subpart applies shall provide such methods for evaluating the achievement Of Students who have a handicap that impairs Sensory, manual, or Speaking skills as will best enSure that the results of the evaluation represents the Student's achievement in the course, rather than reflecting the student’s impaired Sensory, manual, or speaking skills (except where Such skills are the factors that the test purports to measure). (d) Auriliary aids. (1) A recipient to which this subpart applies shall ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the education program or activity operated by the recipient because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. A recipient shall Operate each program or activity to which this subpart applies so that, when viewed in its entirety, auxiliary aids are readily available. (2) Auxiliary aids may include taped text, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by Students with manual impairments, and other similar services and actions. Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
$8b.23 Housing provided by the recipient.
(a) A recipient that provides housing to its nonhandicapped students shall provide comparable, Convenient, and accessible housing to handicapped students at the same cost as to others. At the end of transition period provided for in subpart C, such housing shall be available in Sufficient quantity and variety so that the Scope of handicapped students choice of living accommodations is, as a whole, comparable to that of nonhandicapped students.
(b) Other housing. A recipient that asSists any agency, Organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis of handicap.
$8b.24 Financial and employment assistance to students.
(a) Provision of financial assistance. (1) In providing financial assistance to qualified handicapped individuals, a recipient to which this subpart applies may not (i) On the basis of handicap, provide less assistance than is provided to nonhandicapped persons, limit eligibility for assistance, or otherwise disCriminate Or (ii) assist any entity or person that provides assistance to any Of the recipient’s Students in a manner that discriminates against qualified handicapped individuals on the basis of handicap.
(2) A recipient may administer or asSist, in the administration Of ScholarShips, fellowships, or Other forms of financial assistance established under wills, trust, bequest, or similar legal instruments that require awards to be made On the basis of factors that disCriminate Or have the effect of disCriminating on the basis of handicap Only if the overall effect of the award of Scholarships, fellowships, and other forms of financial assistance is not disCriminatory On the basis of handicap.
(b) Assistance in making available outSide employment. A recipient that asSistS any agency, Organization, or perSon in providing employment opportunities to any of its students shall asSure itself that such employment op
portunities, as a whole, are made available in a manner that would not violate subpart B if they were provided by the recipient.
(C) Employment of student by recipients. A recipient that employs any of its students may not do so in a manner that violates subpart B.
$8b.25 Nonacademic services.
(a) Physical education and athletics. (1) In providing physical education courses and athletics and similar programs and activities to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates Or Sponsors interCollegiate, club, or intramural athletics shall provide to qualified handicapped students an equal Opportunity for participation in these activities. (2) A recipient may offer to handiCapped students physical education and athletic activities that are separate or different only if separation of differentiation is consistent with the requirements of $8b.22(d) and only if no qualified handicapped student is denied the Opportunity to COmpete for teams or to participate in Courses that are not separate or different. (b) Counseling and placement Services. A recipient to which this subpart applies that provides personal, academic, or vocational Counseling guidance, or placement services to its students shall provide these Services without disCrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not Counseled toward more restrictive career objectives than are nonhandiCapped students with similar interests and abilities. This requirement does not preclude a recipient from providing factual information about licensing and Certification requirements that may present obstacles to handicapped persons in their pursuit of particular Ca,I*6621°S. (c) Social organizations. A recipient that provides significant assistance to fraternities, Sororities, or Similar organizations shall assure itself that the membership practices of such organizations do not permit discrimination otherwise prohibited by this subpart.