34 C.F.R. § 104.43

Treatment of students; general

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(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 aid, 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 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.

[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]

Notes of Decisions

Cited in 3 cases, 1997–2001 · leading case: T.S. v. Indep. Sch. Dist. No. 54, 265 F.3d 1090 (10th Cir. 2001).

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T.S. v. Indep. Sch. Dist. No. 54, 265 F.3d 1090 (10th Cir. 2001). · cites it 2× “See 34 C.F.R. § 104.43 (West 2001). But there is no requirement of documentation by way of the student’s IEP in high school to establish the student’s eligibility for post-secondary accommodation.”

Nicholas Knapp v. Nw. Univ., an Illinois Not-For-Profit Corp., & Rick Taylor, 101 F.3d 473 (7th Cir. 1997). “" For instance, 34 C.F.R. § 104.43 (a) and 45 C.F.R. § 84.”

Guckenberger v. Boston Univ., 974 F. Supp. 106 (D. Mass. 1997). “§ 12182 (b)(2) (defining “discrimination” under the ADA); see also 34 C.F.R. §§ 104.43 — 104.44 (implementing Section 504); 28 C.”

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