[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: 34CFR105.40]



[Page 407-408]

 

                           TITLE 34--EDUCATION

 

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

 

PART 105_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION--Table 

of Contents

 

Sec.  105.40  Communications.



    (a) The Department shall take appropriate steps to ensure effective 

communication with applicants, participants, personnel of other Federal 

entities, and members of the public, as follows:

    (1)(i) The Department shall furnish appropriate auxiliary aids if 

necessary to afford an individual with handicaps an equal opportunity to 

participate in, and enjoy the benefits of, a program or activity 

conducted by the Department.

    (ii) In determining what type of auxiliary aid is necessary, the 

Department shall give primary consideration to the request of the 

individual with handicaps.

    (iii) The Department need not provide individually prescribed 

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

personal nature.

    (2) If the Department communicates with applicants and beneficiaries 

by telephone, telecommunication devices for deaf persons (TDDs) or 

equally effective telecommunication systems must be used.

    (b) The Department shall ensure that interested persons, including 

persons with impaired vision or hearing, can obtain information as to 

the existence and location of accessible services, activities, and 

facilities.

    (c) The Department shall provide signs at a primary entrance to each 

of its inaccessible facilities, directing users to a location at which 

they can obtain information about accessible facilities. The 

international symbol for accessibility must be used at each primary 

entrance of an accessible facility.

    (d)(1) This section does not require the Department to take any 

action that it can demonstrate would result in a fundamental alteration 

in the nature of a program or activity or in undue financial and 

administrative burdens.

    (2) The Department has the burden of proving that compliance with 

Sec.  105.40 would result in that alteration or those burdens.

    (3) The decision that compliance would result in that alteration or 

those burdens must be made by the Secretary after considering all 

Department resources available for use in the funding and operation of 

the conducted program or activity and must be accompanied by a written 

statement of the reasons for reaching that conclusion.

    (4) If an action required to comply with this section would result 

in that alteration or those burdens, the Department shall take any other 

action that would not result in the alteration



[[Page 408]]



or burdens but would nevertheless ensure that, to the maximum extent 

possible, individuals with handicaps receive the benefits and services 

of the program or activity.