[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: 34CFR104.46]



[Page 384]

 

                           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.  104.46  Financial and employment assistance to students.



    (a) Provision of financial assistance. (1) In providing financial 

assistance to qualified handicapped persons, a recipient to which this 

subpart applies may not,

    (i) On the basis of handicap, provide less assistance than is 

provided to nonhandicapped persons, limit eligibility for assistance, or 

otherwise discriminate or

    (ii) Assist any entity or person that provides assistance to any of 

the recipient's students in a manner that discriminates against 

qualified handicapped persons on the basis of handicap.

    (2) A recipient may administer or assist in the administration of 

scholarships, fellowships, or other forms of financial assistance 

established under wills, trusts, bequests, or similar legal instruments 

that require awards to be made on the basis of factors that discriminate 

or have the effect of discriminating on the basis of handicap only if 

the overall effect of the award of scholarships, fellowships, and other 

forms of financial assistance is not discriminatory on the basis of 

handicap.

    (b) Assistance in making available outside employment. A recipient 

that assists any agency, organization, or person in providing employment 

opportunities to any of its students shall assure itself that such 

employment opportunities, as a whole, are made available in a manner 

that would not violate subpart B if they were provided by the recipient.

    (c) Employment of students by recipients. A recipient that employs 

any of its students may not do so in a manner that violates subpart B.