[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: 34CFR104.44]



[Page 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.  104.44  Academic adjustments.



    (a) Academic requirements. A recipient to which this subpart applies 

shall make such modifications to its academic requirements as are 

necessary to ensure that such requirements do not discriminate or have 

the effect of discriminating, on the basis of handicap, against a 

qualified handicapped applicant or student. Academic requirements that 

the recipient can demonstrate are essential to the instruction being 

pursued by such student or to any directly related licensing requirement 

will not be regarded as discriminatory within the meaning of this 

section. Modifications may include changes in the length of time 

permitted for the completion of degree requirements, substitution of 

specific courses required for the completion of degree requirements, and 

adaptation of the manner in which specific courses are conducted.

    (b) Other rules. A recipient to which this subpart applies may not 

impose upon handicapped students other rules, such as the prohibition of 

tape recorders in classrooms or of dog guides in campus buildings, that 

have the effect of limiting the participation of handicapped students in 

the recipient's education program or activity.

    (c) Course examinations. In its course examinations or other 

procedures for evaluating students' academic achievement, a recipient to 

which this subpart applies shall provide such methods for evaluating the 

achievement of students who have a handicap that impairs sensory, 

manual, or speaking skills as will best ensure that the results of the 

evaluation represents the student's achievement in the course, rather 

than reflecting the student's impaired sensory, manual, or speaking 

skills (except where such skills are the factors that the test purports 

to measure).

    (d) Auxiliary aids. (1) A recipient to which this subpart applies 

shall take such steps as are necessary to ensure that no handicapped 

student is denied the benefits of, excluded from participation in, or 

otherwise subjected to discrimination because of the absence of 

educational auxiliary aids for students with impaired sensory, manual, 

or speaking skills.

    (2) Auxiliary aids may include taped texts, interpreters or other 

effective methods of making orally delivered materials available to 

students with hearing impairments, readers in libraries for students 

with visual impairments, classroom equipment adapted for use by students 

with manual impairments, and other similar services and actions. 

Recipients need not provide attendants, individually prescribed devices, 

readers for personal use or study, or other devices or services of a 

personal nature.



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