[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: 34CFR104.52]



[Page 385]

 

                           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 F_Health, Welfare, and Social Services

 

Sec.  104.52  Health, welfare, and other social services.



    (a) General. In providing health, welfare, or other social services 

or benefits, a recipient may not, on the basis of handicap:

    (1) Deny a qualified handicapped person these benefits or services;

    (2) Afford a qualified handicapped person an opportunity to receive 

benefits or services that is not equal to that offered nonhandicapped 

persons;

    (3) Provide a qualified handicapped person with benefits or services 

that are not as effective (as defined in Sec.  104.4(b)) as the benefits 

or services provided to others;

    (4) Provide benefits or services in a manner that limits or has the 

effect of limiting the participation of qualified handicapped persons; 

or

    (5) Provide different or separate benefits or services to 

handicapped persons except where necessary to provide qualified 

handicapped persons with benefits and services that are as effective as 

those provided to others.

    (b) Notice. A recipient that provides notice concerning benefits or 

services or written material concerning waivers of rights or consent to 

treatment shall take such steps as are necessary to ensure that 

qualified handicapped persons, including those with impaired sensory or 

speaking skills, are not denied effective notice because of their 

handicap.

    (c) Emergency treatment for the hearing impaired. A recipient 

hospital that provides health services or benefits shall establish a 

procedure for effective communication with persons with impaired hearing 

for the purpose of providing emergency health care.

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

that employs fifteen or more persons shall provide appropriate auxiliary 

aids to persons with impaired sensory, manual, or speaking skills, where 

necessary to afford such persons an equal opportunity to benefit from 

the service in question.

    (2) The Assistant Secretary may require recipients with fewer than 

fifteen employees to provide auxiliary aids where the provision of aids 

would not significantly impair the ability of the recipient to provide 

its benefits or services.

    (3) For the purpose of this paragraph, auxiliary aids may include 

brailled and taped material, interpreters, and other aids for persons 

with impaired hearing or vision.