[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: 45CFR605.42]



[Page 92-93]

 

                        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 E_Postsecondary Education

 

Sec. 605.42  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 to which this subpart applies.

    (b) Admissions. In administering its admission policies, a recipient 

to which this subpart applies:

    (1) May not apply limitations upon the number or proportion of 

handicapped persons who may be admitted;

    (2) May not make use of 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 

Director to be available.



[[Page 93]]



    (3) Shall assure itself that (i) admissions tests are selected and 

administered so as best to 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 factor the test purports 

to measure, rather than reflecting 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 inquiry as to whether an applicant for admission is a 

handicapped person but, after admission, may make inquiries 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 pursuant 

to Sec. 605.6(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 pursuant to 

Sec. 605.6(6), the recipient may invite applicants for admission to 

indicate whether and to what extent they are handicapped, Provided, 

That:

    (1) The recipient states clearly on any written questionnaire used 

for this purpose or makes 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 states 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 in 

order to monitor the general validity of the test scores.