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§ 104.36 Procedur Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely quotient; and (b) Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of related services which ensure that: (a) A recipient that operates a public elementary or secondary l conduct an evaluation in accord ance with the requirements of paragraph (b) of this section of an y person who, because of handicap, ne eds or is believed to need special education or related services before taking any action wi th respect to the initial placement of the person in equent significant change in placement. (b) Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of related services which ensure that: Tests and other evaluation materials have been validated for the spec ific purpose for which they are used and are administered by trained personne l in conformance with the instructions provided by Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely quotient; and (3) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual e test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measur e, rather than reflecting the student's impaired sensory, manua l, or speaking skills (except wher the factors that the test purports to measure). (c) ll such sources is documented and that the placement decision is ma persons knowledgeable about the ch ild, the meaning of th e evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with § 104.34. (d) accordance with paragraph (b) of this section, for provided special education and related services. A reev aluation procedure consistent with the Education for § 104.36 Procedur A recipient that operates a public elementary or secondary education program or activity shall establish and implemen regarding the identification, evaluation, or educational placement of persons who, be are believed to need speci services, a system of procedural safeguards that incl udes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impa ity for participation by the person's parents or guardian and re ounsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handic Subpart D--Preschool, Elementary, and Secondary Education 104.35 Evaluation and placement. 104.37 Nonacademic services. Subpart E--Postsecondary Education 104.42 Admissions and recruitment. 104.43 Treatment of students; general. 104.44 Academic adjustments. 104.46 Financial and employment assistance to students. 104.47 Nonacademic services. Subpart F--Health, Welfare, and Social Services Subpart G--Procedures APPENDIX B TO PART 104—GUIDELINES FOR ELIMINATING DISCRIMINATION AND Subpart A--General Provisions The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal This part applies to each recipient of Federal financial assistance from the Department of Education and to the program or activity that receives such assistance. As used in this part, the term: means the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 29 U.S.C. 794. means section 504 of the Act. means that statute as amended by the Education for all means the Department of Education. means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. means one who submits an application, request, or plan required to be approved by a Department official or by a r ecipient as a condition to becoming a recipient. means any grant, loan, contract (other than a procurement , or any other arrangement by which the Department provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel; or (3) Real and personal property or any interest in or use of such property, including: (ii) Proceeds from a subsequent transfer or lease means all or any portion of buildings, structures, equipment, roads, walks, parking means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. (2) As used in paragraph (j)(1) of this section, the phrase: Physical or mental impairment means functions such as caring for one's self, performing manual tasks, means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. means (A) has a physical or mental impairment that does not substantially limit major life activities but that is treated by a recipient as constituting such a limitation; (B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (C) has none of the impairments defined in paragraph (j)(2)(i) of this section but is treated by a recipient as having such an impairment. ) Program or activity means all of the operations of-- (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher (ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole (A) If assistance is extended to such corporation, partnership, private organization, or sole (B) Which is principally engaged in the business of providing education, health care, housing, (ii) The entire plant or other comparable, geographically separate facility to which Federal (4) Any other entity which is established by two or more of the entities described in paragraph means: (1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question; (2) With respect to public preschool elementary, secondary, or adult educational services, a of any age during which it is mandatory under state law to provide such services to handicapped persons, or (iii) to whom a state is required to provide a (3) With respect to postsecondary and vocational education services, a handicapped person (m) means any condition or characteristic that renders a person a handicapped (a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from rwise be subjected to discrimination under any program may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap: (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the (ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any (vi) Deny a qualified handicapped person the opportunity to participate as a member of (vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. (2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonhandicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the (3) Despite the existence of separate or different aid, benefits, or services provided in accordance with this part, a recipient may not deny a qualified handicapped person the opportunity to (4) A recipient may not, directly or through contractual or other arrangements, utilize criteria (6) As used in this section, the aid, benefit, or service provided under a program or activity that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with Federal financial assistance. from aid, benefits, or services limited by Federal statute or executive order to handicapped persons or the from aid, benefits, or services limited by Federal An applicant for Federal financial assistance to which this part applies shall . (1) In the case of Federal financial assistance extended in the form of real property or to provide real property or st recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real another purpose involving the provision of similar services or benefits. (2) In the case of Federal financial assistance extended to provide personal property, the (3) In all other cases the assurance will obligate the recipient for the period during which (1) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the in strument effecting or recording this transfer shall nondiscrimination for the period during which the real purpose involving the provision of similar services or benefits. (2) Where no transfer of property is involved but property is purchased or improved with of this section in the instrument effecting or recording any subsequent transfer of the property. (3) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the covenant shall also include a condition coupled with a right to be reserved by the Department to revert title to the prope transferee of real property proposes to mortgage or ot herwise encumber the real property as security for financing construction of new, or improvement of y action, and self-evaluation. Remedial action (2) Where a recipient is found to have discriminated against persons on the basis of handicap . A recipient may take steps, in addition to any action that is required by this part, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified handicapped persons. of the effective date of this part: (i) Evaluate, with the assistance of interested persons, including handicapped persons or (ii) Modify, after consultation with interested persons, including handicapped persons or (iii) Take, after consultation with interested persons, including handicapped persons or remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and practices. (2) A recipient that employs fifteen or more persons shall, for at least three years following (i) A list of the interested persons consulted, (ii) A description of areas examined and any problems identified, and (iii) A description of any modifications made and of any remedial steps taken. . A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this part. A recipient that employs fifteen or more persons shall prompt and equitable resolution of complaints allegi need not be established with respect to complaints from applicants for employment or from applicants for admission to postsecondary educational institutions. (a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professi professional agreements with the recipient that it does not discriminate on the basis of handicap in does not discriminate in admission or access to, or treatment or employment in, its program or activity. on of the responsible employee designated pursuant to 104.7(a). A recipient shall make the initial notification required by this paragraph within 90 days of the (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A § 104.10 Effect of state or local law or other requirements and effect of employment opportunities. (a) The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that, on th e basis of handicap, imposes prohibitions or limits upon (b) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped persons than Subpart B--Employment Practices to discrimination in employment under any program or activity to which this part applies. (2) A recipient that receives assistance under the Education of the Handicapped Act shall take positive steps to employ and advance in employment qualified handicapped persons in programs or (3) A recipient shall make all decisions concerning employment under any program or activity to which this part applies in a manner which ensures that discrimination on the basis of handicap does not occur and may not limit, segregate, or classify appli cants or employees in any way that adversely affects (4) A recipient may not participate in a contract subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. The relationships referred to in this paragraph include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of Specific activities . The provisions of this subpart apply to: (1) Recruitment, advertising, and the processing of applications for employment; (2) Hiring, upgrading, promotion, award of tenur e, demotion, transfer, layoff, termination, (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organi (5) Leaves of absense, sick leave, or any other leave; (7) Selection and financial support for tr (8) Employer sponsored activities, including those that are social or recreational; and (9) Any other term, condition, or privilege of employment. (c) A recipient's obligation to comply with this subpart is not affected by any inconsistent term of any collective bargaining agreement to which it is a party. (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program or (b) Reasonable accommodation may include: (1) Making facilities used by employees readily accessible to and usable by handicapped (2) Job restructuring, part-time or modified work schedules, acquisition or modification of (1) The overall size of the recipient's program or activity with respect to number of employees, (2) The type of the recipient's operation, including the composition and structure of the recipient's workforce; and (3) The nature and cost of the accommodation needed. (d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. (a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless: (1) The test score or other selection criterion, as used by the recipient, is shown to be (2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many (b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). (a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to (b) When a recipient is taking remedial action to correct the effects of past discrimination pursuant to § 104.6 (a), when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its federally assisted program or activity pursuant to § 104.6(b), or when a recipient is taking affirmative action pursuant to section 503 of the Act, the recipient may invite (1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and (2) The recipient states clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in paragraph (d) of this section, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance (c) Nothing in this section shall prohibit a recipient from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, (1) All entering employees are subjected to such an examination regardless of handicap, and (2) The results of such an examination are used only in accordance with the requirements of (d) Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded confidentiality as medical records, except that: (1) Supervisors and managers may be informed regarding restrictions on the work or duties of handicapped persons and regarding necessary accommodations; (3) Government officials investigating compliance with the Act shall be provided relevant information upon request. Subpart C--Accessibility No qualified handicapped person shall, because a recipient's facilities are inaccessible to or its of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which this part applies. . A recipient shall operate its program or activity so that when each part is fifteen employees that provides health, welfare, or ot . A recipient shall comply with the requirement of paragraph (a) of this section within sixty days of the effective date of this part except that where structural changes in facilities are necessary, such changes shall be made within three years Transition plan. (1) Identify physical obstacles in the recipi ent's facilities that limit the accessibility of its program or activity to handicappped persons; (3) Specify the schedule for taking the steps necessary to achieve full accessibility in order to comply with paragraph (a) of this section and, if th e time period of the transition plan is longer than one (4) Indicate the person responsible for implementation of the plan. The recipient shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and § 104.23 New construction . Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by handicapped persons, if the construction was commenced after the effective date of this part. of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the conformance with sections 3-8 of the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member. [45 FR 30936, May 9, 1980; 45 FR 37426, June 3, 1980, as amended at 55 FR 52138, 52141, Dec. 19, Subpart D--Preschool, Elementary, and Secondary Education Subpart D applies to preschool, elementary, secondary, and adult education programs or financial assistance for the operation of, such programs or activities. A recipient that operates a public elementary or secondary education program or activity shall (a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and (b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart. A recipient that operates a public elementary or secondary education program or the recipient's jurisdiction, regardless of the nature or severity of the person's handicap. Appropriate education . (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special edu cation and related aids and services that (i) are (2) Implementation of an Individualized Education Program developed in accordance with the (3) A recipient may place a handicapped person or refer such a person for aid, benefits, or services other than those that it operates or provides as its means of carrying out the requirements of this his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian. It may consist either of the provision of free services or, if a recipient places a recipient as its means of carrying out the requirements of this subpart, of payment for the costs of the aid, ) Transportation benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, the recipient shall ensure that adequate transportation to and from the aid, . If a public or private residential placement is necessary to provide a free appropriate public education to a handicapped person because of his or her handicap, the placement, including non-medical care and room and board, shall be provided at no cost to the person or his or her ) Placement of handicapped persons by parents . If a recipient has made available, in conformance with the requirements of this section and §104.34, a free appropriate public education to a handicapped person and the person's parents or guardian choose to place the person in a private school, the recipient is not required to pay for the person's education in the private school. Disagreements . A recipient may not exclude any qualified handicapped person from a public elementary or secondary education after the effective date of this part. A recipient that is not, on the effective date of this regulation, in full complia nce with the other requirements of the preceding . If a recipient, in compliance with paragraph (a) of this section, operates a facility that is identifiable as being for handicapped persons, the recipient shall ensure that the facility and the services and activities provided therein are comparable to the other facilities, services, and activities of the recipient. . . (1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an (2) Nonacademic and extracurricular services and activities may include counseling services, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of ha handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities. A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into (a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be §104.33(b)(1), within that recipient’s program or (b) A recipient to which this section applies may not charge more for the provision of an any additional charge is justified by a substantial increase in cost to the recipient. (c) A recipient to which this section applies that provides special education shall do so in Subpart E--Postsecondary Education Subpart E applies to postsecondary education programs or activities, including postsecondary vocational education programs or activities, that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities. Qualified handicapped persons may not, on the basis of handicap, be denied admission or be subjected to discrimination in admission or recruitment by a recipient to which this In administering its admission policies, a recipient to which this subpart (1) May not apply limitations upon the number or proportion of handicapped persons who may be admitted; (2) May not make use of any test or criterion for admission that has a disproportionate, adverse by the recipient, has been validated as a predictor of success in the education program or activity in (3) Shall assure itself that (i) admissions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the applicant's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure); (ii) admissions tests that are designed for persons with impaired sensory, manual, or speaking skills are offered as often and in as timely a manner as are other admissions tests; and (iii) admissions tests are administered in facilities that, on the whole, are accessible to handicapped persons; and (4) Except as provided in paragraph (c) of this section, may not make preadmission inquiry as . When a recipient is taking remedial action to correct the effects of past discrimination pursuant to §104.6(a) overcome the effects of conditions that resulted in limited participation in its federally assisted program or That: (1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary action efforts; and (2) The recipient states clearly that the information is being 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 this part. . For the purpose of paragraph (b)(2) of this section, a recipient may base overall success in the education program or activity in question in order to monitor the general validity of (a) No qualified handicapped student shall, on the basis of handicap, be excluded from otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical (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 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 (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 (d) A recipient to which this subpart applies shall operate its program or activity in the most . . A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, applicant or student. Academic requirements that the recipient can demonstrate are essential to the ny directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the . A recipient to which this subpart applies may not impose upon handicapped recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the par ticipation of handicapped students in the recipient's education program or activity. . In its course examinations or other procedures for evaluating necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. students shall provide comparable, convenient, a same cost as to others. At the end of the transition period provided for in subpart C, such housing shall be A recipient that assists any agency, organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis 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 a ssistance 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 th e 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 forms of financial assistance is not discriminatory on the basis of handicap. organization, or person in providing employment opportun that such employment opportunities, as a whole, are made available in a manner that would not violate ) Employment of students by recipients . A recipient that employs any of its students may not do so in a manner that violates subpart B. personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities. This requirement does not preclude a recipient from providing factual information about licensing and certification requirements that may . A recipient that provides significant assistance to fraternities, sororities, or similar organizations shall assure itself that the membership practices of such organizations do not permit discrimination otherwise prohibited by this subpart. Subpart F--Health, Welfare, and Social Services Subpart F applies to health, welfare, and other social service programs or activities that receive the operation of, such programs or activities. § 104.52 Health, welfare, and other social services. al services or benefits, a recipient may (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 (3) Provide a qualified handicapped person with benefits or services that are not as effective (4) Provide benefits or services in a manner that limits or has the effect of limiting the (5) Provide different or separate benefits 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 services or benefits shall establish a procedure for effective communication with persons with impaired hearing for the purpose of providing emergency health care. . (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. (3) For the purpose of this paragraph, auxiliary aids may include brailled and taped material, A recipient to which this subpart applies that operates a general hospital or outpatient facility may not discriminate in admission or treatment agai suffering from a medical condition, because of the person's drug or alcohol abuse or alcoholism. § 104.54 Education of institutionalized persons. A recipient to which this subpart applies and that operates or supervises a program or activity ensure that each qualified handicapped person, as defined in §104.3(k)(2), in its program or activity is Subpart G--Procedures The procedural provisions applicable to title VI The version of 34 C.F.R. Part 104 found here incorporates the amendments made in the notice of Final on November 13, 2000, 65 on December 13, 2000. This amended regulation is also available in the current edition of the Code of version of 34 C.F.R. Part 104 in this document, the Code of Federal Regulations prevails. The November 13, 2000 Federal Register notice did not make confor ming changes to Appendices A and B to 34 C.F.R. Part 104. Thus, these documents are not included in this version of the regulation. PART 104--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR Subpart A--General Provisions 104.4 Discrimination prohibited. 104.6 Remedial action, voluntary action, and self-evaluation. 104.7 Designation of responsible employee and adoption of grievance procedures. 104.9 Administrative requirements for small recipients. quirements and effect of employment opportunities. Subpart B--Employment Practices 104.11 Discrimination prohibited. 104.12 Reasonable accommodation. 104.13 Employment criteria. 104.14 Preemployment inquiries. Subpart C--Accessibility 104.21 Discrimination prohibited.