C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart E—Postsecondary Education

34 C.F.R. § 104.44

Academic adjustments

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(a) Academic requirements. 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, on the basis of handicap, against a qualified handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

(b) Other rules. A recipient to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.

(c) Course examinations. In its course examinations or other procedures for evaluating students' academic achievement, a recipient to which this subpart applies shall provide such methods for evaluating the achievement of students who have a handicap that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where such skills are the factors that the test purports to measure).

(d) Auxiliary aids. (1) A recipient to which this subpart applies shall take such steps as are 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.

(2) Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
Notes of Decisions
Cited in 34 cases (8 in the last 5 years), 1982–2025 · leading case: Robert T. McGregor v. Louisiana State Univ. Bd. of Supervisors, 3 F.3d 850 (5th Cir. 1993).
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Robert T. McGregor v. Louisiana State Univ. Bd. of Supervisors, 3 F.3d 850 (5th Cir. 1993). · cites it 2× “McGregor cites 34 C.F.R. § 104.44 (a) for support. This regulation requires institutions to modify their academic requirements "to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped…”
Shinabargar v. Bd. of Trs. of the Univ. of the Dist. of Columbia, 164 F. Supp. 3d 1 (D.D.C. 2016). · cites it 2× “” 34 C.F.R. § 104.44 ; 45 C.F.R. § 84.44 . 7 *16 The ADA, enacted later, also seeks to protect individuals with disabilities.”
Sellers v. Univ. of Rio Grande, 838 F. Supp. 2d 677 (S.D. Ohio 2012). · cites it 4× “One of the regulations pertinent to this case is 34 C.F.R. § 104.44 (d). That regulation applies to “recipients” of federal funds, and it appears that the University is such a recipient because of its receipt of federally-provided scholarship money (and perhaps for other reasons…”
Sherrie Lynn Zukle v. The Regents of the Univ. of California, 166 F.3d 1041 (9th Cir. 1999). “See 34 C.F.R. § 104.44 (a). Similarly, the ADA’s implementing regulations require a public entity to “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public…”
Michael Argenyi v. Creighton Univ., 703 F.3d 441 (8th Cir. 2013). “§ 12182 (b)(2)(A)(ii) (ADA); 34 C.F.R. § 104.44 (d)(1) (Rehabilitation Act).”
Guckenberger v. Boston Univ., 974 F. Supp. 106 (D. Mass. 1997). · cites it 2× “” 34 C.F.R. § 104.44 (entitled “Academic Adjustments”).”
Palmer Coll. of Chiropractic v. Davenport Civil Rights Comm'n & Aaron Cannon, 850 N.W.2d 326 (Iowa 2014). · cites it 2× “See 34 C.F.R. § 104.44 (d)(2). Palmer has not suggested Cannon’s requests fit that latter description.”
Andrew H.K. Wong v. The Regents of the Univ. of California, 192 F.3d 807 (9th Cir. 1999). “See also 34 C.F.R. § 104.44 (a) (regulation interpreting Rehabilitation Act as it applies to postsecondary education stating that “Modifications may include changes in the .”
Russell Campbell v. Lamar Inst. of Tech., 842 F.3d 375 (5th Cir. 2016). “44 (a) (“Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not b¿ regarded as discriminatory.”
Shurb v. Univ. of Texas Health Sci. Ctr. at Houston-Sch. of Med., 63 F. Supp. 3d 700 (S.D. Tex. 2014). · cites it 2× “130 (b)(7); 34 C.F.R. § 104.44 (a). The plaintiff, however, bears *709 the burden of requesting reasonable accommodations.”
Kenneth & Karen Rothschild v. Charles Grottenthaler, Superintendent of the Ramapo Cent. Sch. Dist., & Ramapo Cent. Sch. Dist., 907 F.2d 286 (2d Cir. 1990). “the provision of readers or interpreters”); 34 C.F.R. § 104.44 (d)(2) (1989) (in postsecond-ary education services, appropriate “[auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with…”
Schwarz v. Villages Charter Sch., Inc., 165 F. Supp. 3d 1153 (M.D. Fla. 2016). · cites it 2× “5; see 34 C.F.R. § 104.44 (d). Accordingly, the Court will accept that as applied to the instant case, “[Reasonable accommodations are mandatory only to the point that they impose ‘undue hardship’ on the federal funds recipient.”
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