[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.43]



[Page 382-383]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                    Subpart E_Postsecondary Education

 

Sec.  104.43  Treatment of students; general.



    (a) No qualified handicapped student shall, on the basis of 

handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any academic, 

research, occupational training,



[[Page 383]]



housing, health insurance, counseling, financial aid, physical 

education, athletics, recreation, transportation, other extracurricular, 

or other postsecondary education aid, benefits, or services to which 

this subpart applies.

    (b) A recipient to which this subpart applies that considers 

participation by students in education programs or activities not 

operated wholly by the recipient as part of, or equivalent to, and 

education program or activity operated by the recipient shall assure 

itself that the other education program or activity, as a whole, 

provides an equal opportunity for the participation of qualified 

handicapped persons.

    (c) A recipient to which this subpart applies may not, on the basis 

of handicap, exclude any qualified handicapped student from any course, 

course of study, or other part of its education program or activity.

    (d) A recipient to which this subpart applies shall operate its 

program or activity in the most integrated setting appropriate.



[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]