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(ii) Afford a qualified individual with handicaps an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified individual with handicaps with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;

(iv) Provide different or separate aid, benefits, or services to individuals with handicaps or to any class of individuals with handicaps than is provided to others unless that action is necessary to provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others;

(v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; or

(vi) Otherwise limit a qualified individual with handicaps in the enjoy| ment of any right, privilege, advan

tage, or opportunity enjoyed by others | receiving the aid, benefit, or service.

(2) The Department may not deny a qualified individual with handicaps the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.

(3) The Department may not, directly or through contractual or other arrangements, use criteria or methods of administration the purpose or effect of which would

(i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; or

(ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with handicaps.

(4) The Department may not, in determining the site or location of a facility, make selections the purpose or effect of which would

(i) Exclude individuals with handicaps from, deny them the benefits of, or otherwise subject them to discrimination under, any program or activity conducted by the Department; or

(ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with handicaps.

(5) The Department, in the selection of procurement contractors, may not use criteria that subject qualified individuals with handicaps to discrimination on the basis of handicap.

(6) The Department may not administer a licensing or certification program in a manner that subjects qualified individuals with handicaps to discrimination on the basis of handicap, nor may the Department establish requirements for the program or activities of licensees or certified entities that subject qualified individuals with handicaps to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the Department are not, themselves, covered by this part.

(c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Executive Order to individuals with handicaps or the exclusion of a specific class of individuals with handicaps from a program limited by Federal statute or Executive Order to a different class of individuals with handicaps is not prohibited by this part.

(d) The Department shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with handicaps. 88 105.21-105.29 [Reserved] $ 105.30 Employment.

No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the Department. As provided in $ 105.41(b), the definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.

$ 105.31 Program accessibility: Dis (b) Methods (1) General. (i) The Decrimination prohibited.

partment may comply with the reExcept as otherwise provided in quirements of this section through $105.32, no qualified individual with such means as redesign of equipment, handicaps shall, because the Depart- reassignment of services to accessible ment's facilities are inaccessible to or buildings, assignments of aides to beneunusable by individuals with handi- ficiaries, home visits, delivery of servcaps, be denied the benefits of, be ex ices at alternate accessible sites, altercluded from participation in, or other ation of existing facilities and conwise be subjected to discrimination

struction of new facilities, use of accesunder any program or activity con- sible rolling stock, or any other methducted by the Department.

ods that result in making its programs

or activities readily accessible to and $ 105.32 Program accessibility: Exist- usable by individuals with handicaps. ing facilities.

(ii) The Department is not required (a) General. The Department shall op to make structural changes in existing erate each program or activity so that facilities if other methods are effective the program or activity, viewed in its in achieving compliance with this secentirety, is readily accessible to and tion. usable by individuals with handicaps. (iii) The Department, in making alThis paragraph does not

terations to existing buildings, shall (1) Necessarily require the Depart- meet accessibility requirements to the ment to make each of its existing fa extent compelled by the Architectural cilities accessible to and usable by in Barriers Act of 1968, as amended (42 dividuals with handicaps;

U.S.C. 4151-4157), and any regulations (2) In the case of historic preserva- implementing that Act. tion programs, require the Department (iv) In choosing among available to take any action that would result in methods for meeting the requirements a substantial impairment of significant of this section, the Department shall historic features of an historic prop- give priority to those methods that erty; or

offer programs and activities to quali(3)(i) Require the Department to take fied individuals with handicaps in the any action that it can demonstrate most integrated setting appropriate. would result in a fundamental alter (2) Historic preservation programs. In ation in the nature of a program or ac- meeting the requirements of $105.32(a) tivity or in undue financial and admin- in historic preservation programs, the istrative burdens.

Department shall give priority to (ii) The Department has the burden methods that provide physical access of proving that compliance with to individuals with handicaps. In cases $105.32(a) would result in that alter were a physical alteration to an hisation or those burdens.

toric property is not required because (iii) The decision that compliance of $105.32 (a)(2) or (a)(3), alternative would result in that alteration or those methods of achieving program accessiburdens must be made by the Secretary bility includeafter considering all of the Depart (i) Using audiovisual materials and ment's resources available for use in devices to depict those portions of an the funding and operation of the con- historic property that cannot otherducted program or activity, and must wise be made accessible; be accompanied by a written statement (ii) Assigning persons to guide indiof the reasons for reaching that conclu viduals with handicaps into or through sion.

portions of historic properties that (iv) If an action would result in that cannot otherwise be made accessible; alteration or those burdens, the De or partment shall take any other action (iii) Adopting other innovative meththat would not result in the alteration ods. or burdens but would nevertheless en (c) Time period for compliance. The Desure that individuals with handicaps partment shall comply with the obligareceive the benefits and services of the tions established under this section program or activity.

within 60 days of the effective date of

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this part except that if structural 88 105.34–105.39 [Reserved)
changes in facilities are undertaken,
the changes shall be made within 3 $ 105.40 Communications.
years of the effective date of this part,

(a) The Department shall take approbut in any event as expeditiously as priate steps to ensure effective commupossible.

nication with applicants, participants, (d) Transition plan. (1) In the event personnel of other Federal entities, and that structural changes to facilities members of the public, as follows: will be undertaken to achieve program (1)(i) The Department shall furnish accessibility, the Department shall de appropriate auxiliary aids if necessary velop, within six months of the effec to afford an individual with handicaps tive date of this part, a transition plan an equal opportunity to participate in, setting forth the steps necessary to

and enjoy the benefits of, a program or complete those changes,

activity conducted by the Department. (2) The Department shall provide an (ii) In determining what type of auxopportunity to interested persons, in

iliary aid is necessary, the Department cluding individuals with handicaps or

shall give primary consideration to the organizations representing individuals request of the individual with handiwith handicaps, to participate in the

caps. development of the transition plan by

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(iii) The Department need not prosubmitting comments (both oral and vide individually prescribed devices, written). A copy of the transition plan readers for personal use or study, or must be made available for public in

other devices of a personal nature.

(2) If the Department communicates spection. (3) The plan must, at a minimum,

with applicants and beneficiaries by

telephone, telecommunication devices (i) Identify physical obstacles in the

for deaf persons (TDDs) or equally efDepartment's facilities that limit the

fective telecommunication systems accessibility of its programs or activi

must be used. ties to individuals with handicaps;

(b) The Department shall ensure that (ii) Describe in detail the methods

interested persons, including persons that will be used to make the facilities

with impaired vision or hearing, can accessible;

obtain information as to the existence (iii) Specify the schedule for taking and location of accessible services, acthe steps necessary to achieve compli- tivities, and facilities. ance with this section and, if the time (c) The Department shall provide period of the transition plan is longer signs at a primary entrance to each of than one year, identify steps that will its inaccessible facilities, directing be taken during each year of the tran users to a location at which they can sition period; and

obtain information about accessible fa(iv) Indicate the official responsible cilities. The international symbol for for implementation of the plan.

accessibility must be used at each pri

mary entrance of an accessible facility. $ 105.33 Program accessibility: New (d)(1) This section does not require construction and alterations.

the Department to take any action Each building or part of a building

that it can demonstrate would result in that is constructed or altered by, on

a fundamental alteration in the nature behalf of, or for the use of, the Depart

of a program or activity or in undue fi

nancial and administrative burdens. ment must be designed, constructed, or altered so as to be readily accessible to

(2) The Department has the burden of and usable by individuals with handi- proving that compliance with

$105.40

would result in that alteration or those caps. The definitions, requirements,

burdens. and standards of the Architectural Bar

(3) The decision that compliance riers Act (42 U.S.C. 4151-4157), as estab

would result in that alteration or those lished in 41 CFR 101–19.600 to 101-19.607,

burdens must be made by the Secretary apply to buildings covered by this sec

after considering all Department retion.

sources available for use in the funding

and operation of the conducted pro accessible to and usable by individuals gram or activity and must be accom with handicaps. panied by a written statement of the (g) Within 180 days of the receipt of a reasons for reaching that conclusion. complete complaint for which it has ju

(4) If an action required to comply risdiction, the Department shall notify with this section would result in that the complainant of the results of the alteration or those burdens, the De- investigation in a letter containingpartment shall take any other action (1) Findings of fact and conclusions that would not result in the alteration of law; or burdens but would nevertheless en (2) A description of a remedy for each sure that, to the maximum extent pos violation found; and sible, individuals with handicaps re (3) A notice of the right to appeal. ceive the benefits and services of the (h) Appeals of the findings of fact and program or activity.

conclusions of law or remedies must be

filed by the complainant within 90 days $ 105.41 Compliance procedures.

of receipt from the Department of the (a) Except as provided in paragraph letter required by $105.41(g). The De(b) of this section, this section applies partment may extend this time for to all allegations of discrimination on

good cause. the basis of handicap in programs and

(i) Timely appeals shall be accepted activities conducted by the Depart

and processed by the Secretary. ment.

(j) If the Secretary determines that (b) As provided in $105.30, the Depart- additional information is needed for ment shall process complaints alleging

the complainant, he or she shall notify violations of section 504 with respect to the complainant of the additional inemployment according to the proce

formation needed to make his or her dures established by the Equal Employ

determination on the appeal. ment Opportunity Commission in 29

(k) The Secretary shall notify the CFR part 1613 pursuant to section 501

complainant of the results of the apof the Rehabilitation Act of 1973 (29

peal. U.S.C. 791).

(1) The time limit in paragraph (8) of (c) The Deputy Under Secretary for

this section may be extended by the Management is responsible for coordi- Secretary. nating implementation of this section.

(m) The Secretary may delegate the Complaints may be sent to the U.S. De

authority for conducting complaint inpartment of Education, Office of Man vestigations to other Federal agencies, agement, Federal Building No. 6, 400

except that the authority for making Maryland Avenue SW., Washington, DC

the final determination may not be 20202.

delegated. (d) The Department shall accept and

$ 105.42 Effective date. investigate all complete complaints for which it has jurisdiction. All complete

The effective date of this part is Occomplaints must be filed within 180

tober 9, 1990. days of the alleged act of discrimination. The Department may extend this PART 106-NONDISCRIMINATION time period for good cause.

ON THE BASIS OF SEX IN EDU(e) If the Department receives a com CATION PROGRAMS OR ACTIVIplaint over which it does not have ju TIES RECEIVING FEDERAL FINANrisdiction, it shall promptly notify the CIAL ASSISTANCE complainant and shall make reasonable efforts to refer the complaint to

Subpart A-Introduction the appropriate government entity.

(f) The Department shall notify the Sec. Architectural and Transportation Bar

106.1 Purpose and effective date. riers Compliance Board upon receipt of

106.2 Definitions. any complaint alleging that a building

106.3 Remedial and affirmative action and

self-evaluation. or facility that is subject to the Archi

106.4 Assurance required. tectural Barriers Act of 1968, as amend

106.5 Transfers of property. ed (42 U.S.C. 4151-4157) is not readily 106.6 Effect of other requirements.

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106.7 Effect of employment opportunities. SUBJECT INDEX TO TITLE IX PREAMBLE AND 106.8 Designation of responsible employee REGULATION

and adoption of grievance procedures. APPENDIX A-GUIDELINES FOR ELIMINATING 106.9 Dissemination of policy.

DISCRIMINATION AND DENIAL OF SERVICES

ON THE BASIS OF RACE, COLOR, NATIONAL Subpart B-Coverage

ORIGIN, SEX, AND HANDICAP IN VOCA

TIONAL EDUCATION PROGRAMS [NOTE] 106.11 Application. 106.12 Educational institutions controlled AUTHORITY: 20 U.S.C. 1681 et seq., unless by religious organizations.

otherwise noted. 106.13 Military and merchant marine edu

SOURCE: 45 FR 30955, May 9, 1980, unless cational institutions.

otherwise noted. 106.14 Membership practices of certain orga

nizations. 106.15 Admissions.

Subpart A-Introduction 106.16 Educational institutions eligible to submit transition plans.

$ 106.1 Purpose and effective date. 106.17 Transition plans.

The purpose of this part is to effec

tuate title IX of the Education AmendSubpart C-Discrimination on the basis of

ments of 1972, as amended by Pub. L. Sex in Admission and Recruitment Pro

93–568, 88 Stat. 1855 (except sections 904 hibited

and 906 of those Amendments) which is 106.21 Admission.

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designed to eliminate (with certain ex106.22 Preference in admission.

ceptions) discrimination on the basis of 106.23 Recruitment.

sex in any education program or activSubpart D-Discrimination on the basis of ity receiving Federal financial assist

ance, whether or not such program or Sex in Education Programs or Activities

activity is offered or sponsored by an Prohibited

educational institution as defined in 106.31 Education programs or activities.

this part. This part is also intended to 106.32 Housing.

effectuate section 844 of the Education 106.33 Comparable facilities.

Amendments of 1974, Pub. L. 93-380, 88 106.34 Access to course offerings.

Stat. 484. The effective date of this part 106.35 Access to schools operated by LEAs. shall be July 21, 1975. 106.36 Counseling and use of appraisal and counseling materials.

(Authority: Secs. 901, 902, Education Amend106.37 Financial assistance.

ments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 106.38 Employment assistance to students. 1682, as amended by Pub. L. 93–568, 88 Stat. 106.39 Health and insurance benefits and 1855, and sec. 844, Education Amendments of services.

1974, 88 Stat. 484, Pub. L. 93-380) 106.40 Marital or parental status. 106.41 Athletics.

$ 106.2 Definitions. 106.42 Textbooks and curricular material.

As used in this part, the term: Subpart E-Discrimination on the Basis of

(a) Title IX means title IX of the EduSex in Employment in Education Pro

cation Amendments of 1972, Pub. L. 92–

318, as amended by section 3 of Pub. L. grams or Activities Prohibited

93-568, 88 Stat. 1855, except sections 904 106.51 Employment.

and 906 thereof; 20 U.S.C. 1681, 1682, 106.52 Employment criteria.

1683, 1685, 1686. 106.53 Recruitment.

(b) Department means the Department 106.54 Compensation.

of Education. 106.55 Job classification and structure.

(c) Secretary means the Secretary of 106.56 Fringe benefits. 106.57 Marital or parental status.

Education. 106.58 Effect of State or local law or other

(d) Assistant Secretary means the Asrequirements.

sistant Secretary for Civil Rights of 106.59 Advertising.

the Department. 106.60 Pre-employment inquiries.

(e) Reviewing Authority means that 106.61 Sex as a bona fide occupational quali component of the Department delefication.

gated authority by the Secretary to apSubpart F-Procedures (Interim)

point, and to review the decisions of,

administrative law judges in cases aris106.71 Procedures.

ing under this part.

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