United StatesSection 504 regulations, postsecondary admissions: no preadmission inquiry whether an applicant is handicapped
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Prohibition, Disclosure
What it requires
- If you are a recipient of federal financial assistance that operates a postsecondary education program or activity, do not make preadmission inquiry as to whether an applicant for admission is a handicapped person, the regulation's term (34 CFR 104.42(b)(4)).
- Make any inquiry after admission about handicaps that may require accommodation on a confidential basis (34 CFR 104.42(b)(4)).
- If you invite applicants to indicate whether and to what extent they are handicapped, as 34 CFR 104.42(c) allows when you are taking remedial action under 34 CFR 104.6(a) or voluntary action under 34 CFR 104.6(b), state clearly that the information is intended for use solely in connection with that action, that it is requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with the part (34 CFR 104.42(c)(1) and (2)).
These lines are LexLint's reading of the law's text.
What this law does
A recipient of federal financial assistance that operates a postsecondary education program may not make a preadmission inquiry as to whether an applicant for admission is a handicapped person. After admission, the recipient may make inquiries on a confidential basis as to handicaps that may require accommodation.
When taking remedial or voluntary action, a recipient may invite applicants to indicate whether and to what extent they are handicapped, if it states clearly that the information is requested on a voluntary basis, will be kept confidential, and that refusal to provide it will not subject the applicant to any adverse treatment. Subpart E applies to postsecondary education programs or activities that receive Federal financial assistance and to recipients that operate them.
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