[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR105.40]

[Page 407-408]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 105_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 
 
Sec. 105.40  Communications.

    (a) The Department shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public, as follows:
    (1)(i) The Department shall furnish appropriate auxiliary aids if 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the Department.
    (ii) In determining what type of auxiliary aid is necessary, the 
Department shall give primary consideration to the request of the 
individual with handicaps.
    (iii) The Department need not provide individually prescribed 
devices, readers for personal use or study, or other devices of a 
personal nature.
    (2) If the Department communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDDs) or 
equally effective telecommunication systems must be used.
    (b) The Department shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The Department shall provide signs at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility must be used at each primary 
entrance of an accessible facility.
    (d)(1) This section does not require the Department to take any 
action that it can demonstrate would result in a fundamental alteration 
in the nature of a program or activity or in undue financial and 
administrative burdens.
    (2) The Department has the burden of proving that compliance with 
Sec. 105.40 would result in that alteration or those burdens.
    (3) The decision that compliance would result in that alteration or 
those burdens must be made by the Secretary after considering all 
Department resources available for use in the funding and operation of 
the conducted program or activity and must be accompanied by a written 
statement of the reasons for reaching that conclusion.
    (4) If an action required to comply with this section would result 
in that alteration or those burdens, the Department shall take any other 
action that would not result in the alteration

[[Page 408]]

or burdens but would nevertheless ensure that, to the maximum extent 
possible, individuals with handicaps receive the benefits and services 
of the program or activity.