34 C.F.R. § 104.47

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(a) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors intercollegiate, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation in these activities.

(2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of § 104.43(d) and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different.

(b) Counseling and placement services. A recipient to which this subpart applies that provides 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 present obstacles to handicapped persons in their pursuit of particular careers.

(c) Social organizations. 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.

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

Notes of Decisions

Cited in 4 cases, 1995–1997 · leading case: Nicholas Knapp v. Nw. Univ., an Illinois Not-For-Profit Corp., & Rick Taylor, 101 F.3d 473 (7th Cir. 1997).

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Nicholas Knapp v. Nw. Univ., an Illinois Not-For-Profit Corp., & Rick Taylor, 101 F.3d 473 (7th Cir. 1997). “other extracurricular, or other postsecondaiy education program or activity to which this subpart applies[;] and 34 C.F.R. § 104.47 (a) and 45 C.F.R. § 84.”

Pahulu v. Univ. of Kansas, 897 F. Supp. 1387 (D. Kan. 1995). · cites it 2× “”); see 34 C.F.R. § 104.47 ; 45 C.F.R. § 84.47 . “Athletics constitute a ‘major life activity for many people.”

Knapp v. Nw. Univ., 942 F. Supp. 1191 (N.D. Ill. 1996). “” 34 C.F.R. § 104.47 (a)(1). While the issue is not free from doubt, I find that intercollegiate sports competition may constitute a major life activity.”

Knapp v. Nw. Univ., 938 F. Supp. 508 (N.D. Ill. 1996). “” 34 C.F.R. § 104.47 . While the issue is not free from doubt, I find that intercollegiate sports competition may constitute a major life activity.”

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