[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR605.37]



[Page 91-92]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 605_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

        Subpart D_Preschool, Elementary, and Secondary Education

 

Sec. 605.37  Nonacademic services.



    (a) General. (1) A recipient to which this subpart applies shall 

provide nonacademic and extracurricular services and activities in such 

manner as is necessary to afford handicapped students an equal 

opportunity for participation in such 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 recipients, 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. 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



[[Page 92]]



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 aid, benefits, or services 

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 interscholastic, 

club, or intramural athletics shall provide to qualified handicapped 

students an equal opportunity for participation.

    (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. 605.34 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.



[47 FR 8573, Mar. 1, 1982, as amended at 68 FR 51381, Aug. 26, 2003]