[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR84.43]



[Page 357-358]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 84_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                    Subpart E_Postsecondary Education

 

Sec.  84.43  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, housing, health insurance, counseling, 

financial aid, physical education, athletics, recreation, 

transportation, other extracurricular, or other postsecondary education 

aids, 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



[[Page 358]]



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.



[42 FR 22677, May 4, 1977, as amended at 70 FR 24320, May 9, 2005]