[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: 38CFR18.442]

[Page 28-29]
 
            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. 18.442  Admissions and recruitment.

    (a) General. Qualified handicapped persons may not, on the basis of 
handicap, be denied admission or be subjected to discrimination in 
admission or recruitment by a recipient.
    (b) Admission. In administering its admission policies, a recipient;

[[Page 29]]

    (1) May not apply limitations on the number or proportion of 
handicapped persons who may be admitted;
    (2) May not use any test or criterion for admission that has a 
disproportionate, adverse effect on handicapped persons or any class of 
handicapped persons 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 to best ensure 
that, when a test is administered to an applicant who has a handicap 
that impairs sensory, manual, or speaking skills, the test results 
accurately reflect the applicant's aptitude or achievement level or 
whatever other factors the test purports to measure, rather than reflect 
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 persons; and
    (4) Except as provided in paragraph (c) of this section, may not 
make preadmission inquiries as to whether an applicant for admission is 
a handicapped person. After admission, the recipient may inquire on a 
confidential basis as to handicaps that may require accommodation.
    (c) Preadmission inquiry exception. When a recipient is taking 
remedial action to correct the effects of past discrimination under 
Sec. 18.406(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 under 
Sec. 18.406(b), the recipient may invite applicants for admission to 
indicate whether and to what extent they are handicapped.
    (1) The recipient shall state clearly on any written questionnaire 
used for this purpose or make 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 shall state 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 to 
monitor the general validity of the test scores.