[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.437]

[Page 27-28]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
   Subpart D--Nondiscrimination in Federally-Assisted Programs of the 
 Department of Veterans Affairs--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 18.437  Nonacademic services.

    (a) General. (1) Elementary, secondary, and adult education programs 
that receive or benefit from Federal financial assistance shall provide 
nonacademic and extracurricular services and activities in a manner 
which gives

[[Page 28]]

handicapped students an equal opportunity for participation in these 
services and activities.
    (2) Nonacademic and extracurricular services and activities may 
include counseling services, physical recreational athletics, 
transportation, health services, recreational activities, special 
interest groups or clubs sponsored by the recipient, referrals to 
agencies which provide assistance to handicapped persons, and employment 
of students, including both employment by the recipient and assistance 
in making available outside employment.
    (b) Counseling services. Elementary, secondary, and adult education 
programs that receive or benefit from Federal financial assistance and 
that provide personal, academic, or vocational counseling, guidance, or 
placement services to their students shall provide these services 
without discrimination on the basis of handicap and shall ensure that 
qualified handicapped students are not counseled toward more restrictive 
career objectives than are nonhandicapped students with similar 
interests and abilities.
    (c) Physical education and athletics. (1) In providing physical 
education courses and athletics and similar programs and activities to 
any of its students, an elementary, secondary, or adult education 
program or activity that receives or benefits from Federal financial 
assistance may not discriminate on the basis of handicap. A recipient 
that offers physical education courses or that operates or sponsors 
interscholastic, club, or intramural activities 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 from those 
offered to nonhandicapped students only if separation or differentiation 
is consistent with the requirements of Sec. 18.434 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.