[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: 45CFR605.47]



[Page 95]

 

                        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. 605.47  Nonacademic services.



    (a) 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 intercollegiate, 

club, or intramural athletics 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 only if 

separation or differentiation is consistent with the requirements of 

Sec. 605.43(d) 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.

    (b) Counseling and placement 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 shall ensure that qualified handicapped students are not 

counseled toward more restrictive career objectives than are 

nonhandicapped students with similar interests and abilities. This 

requirement does not preclude a recipient from providing factual 

information about licensing and certification requirements that may 

present obstacles to handicapped persons in their pursuit of particular 

careers.

    (c) Social organizations. A recipient that provides significant 

assistance to fraternities, sororities, or similar organizations shall 

assure itself that the membership practices of such organizations do not 

permit discrimination otherwise prohibited by this subpart.



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