[Code of Federal Regulations]
[Title 45, Volume 3, Parts 500 to 1199]
[Revised as of October 1, 1996]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR605]
[Page 82-98]
TITLE 45--PUBLIC WELFARE
CHAPTER VI--NATIONAL SCIENCE FOUNDATION
PART 605--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--General Provisions
Sec.
605.0 Adoption of HHS regulations.
605.1 Purpose.
605.2 Application.
605.3 Definitions.
605.4 Discrimination prohibited.
605.5 Assurances required.
605.6 Remedial action, voluntary action, and self-evaluation.
605.7 Designation of responsible employee and adoption of grievance
procedures.
605.8 Notice.
605.9 Administrative requirements for small recipients.
605.10 Effect of state or local law or other requirements and effect of
employment opportunities.
Subpart B--Employment Practices
605.11 Discrimination prohibited.
605.12 Reasonable accommodation.
605.13 Employment criteria.
605.14 Preemployment inquiries.
605.15--605.20 [Reserved]
Subpart C--Program Accessibility
605.21 Discrimination prohibited.
605.22 Existing facilities.
605.23 New construction.
605.24--605.30 [Reserved]
Subpart D--Preschool, Elementary, and Secondary Education
605.31 Application of this subpart.
605.32 Location and notification.
605.33 Free appropriate public education.
605.34 Educational setting.
605.35 Evaluation and placement.
605.36 Procedural safeguards.
605.37 Nonacademic services.
605.38 Preschool and adult education programs.
605.39 Private education programs.
605.40 [Reserved]
Subpart E--Postsecondary Education
605.41 Application of this subpart.
605.42 Admissions and recruitment.
605.43 Treatment of students; general.
605.44 Academic adjustments.
605.45 Housing.
605.46 Financial and employment assistance to students.
605.47 Nonacademic services.
605.48--605.50 [Reserved]
Subpart F--Health, Welfare, and Social Services
605.51 Application of this subpart.
605.52 Health, welfare, and other social services.
605.53 Drug and alcohol addicts.
605.54 Education of institutionalized persons.
605.55--605.60 [Reserved]
Subpart G--Procedures
605.61 Procedures.
605.62--605.90 [Reserved]
Authority: 29 U.S.C. 794.
Source: 47 FR 8573, Mar. 1, 1982, unless otherwise noted.
Subpart A--General Provisions
Sec. 605.0 Adoption of HHS regulations.
The regulations of the Department of Health and Human Services on
Nondiscrimination on the Basis of Handicap, 45 CFR part 84, including
any amendments thereto, have been adopted almost in their entirety to
programs and activities receiving Federal financial assistance from the
National Science Foundation. The few changes in the Foundation's rules
include a newly added sub-paragraph (5) to paragraph (k) of Sec. 605.3;
and modifications in paragraph (j), Sec. 605.3; paragraph (a) of
Sec. 605.5; paragraph (b) of Sec. 605.46; and Sec. 605.61. Paragraph (c)
of Sec. 605.5 has been removed, and ``qualified handicapped persons''
has been substituted for ``handicapped persons'' wherever that phrase
appears in Sec. 605.4(b)(5) and in Subpart C (Secs. 605.21 through
605.23). The date for compliance with Sec. 605.33(d) has been changed.
[47 FR 8573, Mar. 1, 1982, as amended at 61 FR 51021, Sept. 30, 1996]
Sec. 605.1 Purpose.
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 financial assistance.
Sec. 605.2 Application.
This part applies to each recipient of Federal financial assistance
from the
[[Page 83]]
National Science Foundation and to each program or activity that
receives or benefits from such assistance.
Sec. 605.3 Definitions.
As used in this part, the term:
(a) The Act means the Rehabilitation Act of 1973, Public Law 93-112,
as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-
516, 29 U.S.C. 794.
(b) Section 504 means section 504 of the Act.
(c) Education of the Handicapped Act means that statute as amended
by the Education for all Handicapped Children Act of 1975, Public Law
94-142, 20 U.S.C. 1401 et seq.
(d) Foundation means the National Science Foundation.
(e) Director means the Director of the National Science Foundation.
(f) Recipient 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 to which Federal financial assistance is extended directly or
through another recipient, including any successor, assignee, or
transferee of a recipient, but excluding the ultimate beneficiary of the
assistance.
(g) Applicant for assistance means one who submits an application,
request, or plan required to be approved by a Foundation official or by
a recipient as a condition to becoming a recipient.
(h) Federal financial assistance means any grant, loan, contract
(other than a procurement contract or a contract of insurance or
guaranty), or any other arrangement by which the Foundation 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:
(i) Transfers or leases of such property for less than fair market
value or for reduced consideration; and
(ii) Proceeds from a subsequent transfer or lease of such property
if the Federal share of its fair market value is not returned to the
Federal Government.
(i) Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, or other real or personal
property or interest in such property.
(j) Handicapped person. (1) Handicapped persons means any person in
the United States 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:
(i) Physical or mental impairment means (A) any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular; reproductive, digestive, genito-urinary; hemic
and lymphatic; skin; and endocrine; or (B) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities.
(ii) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(iii) Has a record of such an impairment 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.
(iv) Is regarded as having an impairment means (A) has a physical or
mental impairment that does not subtantially 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.
(k) Qualified handicapped person means:
[[Page 84]]
(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 handicapped person (i) of an age during which
nonhandicapped persons are provided such services, (ii) 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
free appropriate public education under section 612 of the Education of
the Handicapped Act; and
(3) With respect to postsecondary and vocational education services,
a handicapped person who meets the academic and technical standards
requisite to admission or participation in the recipient's education
program or activity;
(4) With respect to other services, a handicapped person who meets
the essential eligibility requirements for the receipt of such services.
(5) With respect to scientific and technical experimentation,
observation, or field work a person who meets the academic, scientific
and technical standards for participation and any reasonable physical
qualifications for participation. Physical qualifications are not
``reasonable,'' however, if they can be obviated without unreasonable
burden by modifying facilities or programs or by providing auxiliary
aids. In determining whether the burdens are unreasonable, factors such
as cost, risks, or sacrifice of legitimate program objectives may be
considered. In exceptional cases psychological qualifications may be
considered `reasonable physical qualifications' under this paragraph.
Nothing in this provision or these regulations requires reversal of
scientific judgments on research, including choice of experiments,
protocols for experiments, location of observing sites, or the like that
are considered necessary to any line of scientific inquiry by the
research scientists involved.
(l) Handicap means any condition or characteristic that renders a
person a handicapped person as defined in paragraph (j) of this section.
Sec. 605.4 Discrimination prohibited.
(a) General. No qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity which receives or benefits from Federal financial assistance.
(b) Discriminatory actions prohibited. (1) A recipient, in providing
any aid, benefit, or service, 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 aid, benefit, or service;
(ii) Afford a qualified handicapped person an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified handicapped person with an aid, benefit,
or service that is not as effective as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
handicapped persons or to any class of handicapped persons unless such
action is necessary to provide qualified handicapped persons with aid,
benefits, or services that are as effective as those provided to others;
(v) Aid or perpetuate discrimination against a qualified handicapped
person by providing significant assistance to an agency, organization,
or person that discriminates on the basis of handicap in providing any
aid, benefit, or service to beneficiaries of the recipients program;
(vi) Deny a qualified handicapped person the opportunity to
participate as a member of planning or advisory boards; or
(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
[[Page 85]]
persons equal opportunity to obtain the same result, to gain the same
benefit, or to reach the same level of achievement, in the most
integrated setting appropriate to the person's needs.
(3) Despite the existence of separate or different programs or
activities provided in accordance with this part, a recipient may not
deny a qualified handicapped person the opportunity to participate in
such programs or activities that are not separate or different.
(4) A recipient may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration (i) that
have the effect of subjecting qualified handicapped persons to
discrimination on the basis of handicap, (ii) that have the purpose or
effect of defeating or substantially impairing accomplishment of the
objectives of the recipient's program with respect to handicapped
persons, or (iii) that perpetuate the discrimination of another
recipient if both recipients are subject to common administrative
control or are agencies of the same State.
(5) In determining the site or location of a facility, an applicant
for assistance or a recipient may not make selections (i) that have the
effect of excluding qualified handicapped persons from, denying them the
benefits of, or otherwise subjecting them to discrimination under any
program or activity that receives or benefits from Federal financial
assistance or (ii) that have the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the
program or activity with respect to qualified handicapped persons.
(6) As used in this section, the aid, benefit, or service provided
under a program or activity receiving or benefiting from Federal
financial assistance includes any aid, benefit, or service provided in
or through a facility that has been constructed, expanded, altered,
leased or rented, or otherwise acquired, in whole or in part, with
Federal financial assistance.
(c) Programs limited by Federal law. The exclusion of nonhandicapped
persons from the benefits of a program limited by Federal statute or
executive order to handicapped persons or the exclusion of a specific
class of handicapped persons from a program limited by Federal statute
or executive order to a different class of handicapped persons is not
prohibited by this part.
Sec. 605.5 Assurances required.
(a) Assurances. Recipients of Federal financial assistance under a
program or activity to which this part applies will assure NSF, in a
manner specified by the Director, that the programs will be operated in
compliance with this part.
(b) Duration of obligation. (1) In the case of Federal financial
assistance extended in the form of real property or to provide real
property or structures on the property, the assurance will obligate the
recipient or, in the case of a subsequent transfer, the transferee, for
the period during which the real property or structures are used for the
purpose for which Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits.
(2) In the case of Federal financial assistance extended to provide
personal property, the assurance will obligate the recipient for the
period during which it retains ownership or possession of the property.
(3) In all other cases the assurance will obligate the recipient for
the period during which Federal financial assistance is extended.
Sec. 605.6 Remedial action, voluntary action, and self-evaluation.
(a) Remedial action. (1) If the Director finds that a recipient has
discriminated against persons on the basis of handicap in violation of
section 504 or this part, the recipient shall take such remedial action
as the Director deems necessary to overcome the effects of the
discrimination.
(2) Where a recipient is found to have discriminated against persons
on the basis of handicap in violation of section 504 or this part and
where another recipient exercises control over the recipient that has
discriminated, the Director, where appropriate, may require either or
both recipients to take remedial action.
(3) The Director may, where necessary to overcome the effects of
discrimination in violation of section 504 or this part, require a
recipient to take
[[Page 86]]
remedial action (i) with respect to handicapped persons who are no
longer participants in the recipient's program but who were participants
in the program when such discrimination occurred or (ii) with respect to
handicapped persons who would have been participants in the program had
the discrimination not occurred.
(b) Voluntary action. 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.
(c) Self-evaluation. (1) A recipient shall, within one year of the
effective date of this part:
(i) Evaluate, with the assistance of interested persons, including
handicapped persons or organizations representing handicapped persons,
its current policies and practices and the effects thereof that do not
or may not meet the requirements of this part;
(ii) Modify, after consultation with interested persons, including
handicapped persons or organizations representing handicapped persons,
any policies and practices that do not meet the requirements of this
part; and
(iii) Take, after consultation with interested persons, including
handicapped persons or organizations representing handicapped persons,
appropriate 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 completion of the evaluation required under
paragraph (c)(1) of this section, maintain on file, make available for
public inspection, and provide to the Director upon request: (i) A list
of the interested person consulted (ii) a description of areas examined
and any problems identified, and (iii) a description of any
modifications made and any remedial steps taken.
Sec. 605.7 Designation of responsible employee and adoption of
grievance procedures.
(a) Designation of responsible employee. A recipient that employs
fifteen or more persons shall designate at least one person to
coordinate its efforts to comply with this part.
(b) Adoption of grievance procedures. A recipient that employs
fifteen or more persons shall adopt grievance procedures that
incorporate appropriate due process standards and that provide for the
prompt and equitable resolution of complaints alleging any action
prohibited by this part. Such procedures need not be established with
respect to complaints from applicants for employment or from applicants
for admission to postsecondary educational institutions.
Sec. 605.8 Notice.
(a) A recipient that employs fifteen or more persons shall take
appropriate initial and continuing steps to notify participants,
beneficiaries, applications, and employees, including those with
impaired vision or hearing, and unions or professional organizations
holding collective bargaining or professional agreements with the
recipient that it does not discriminate on the basis of handicap in
violation of section 504 and this part. The notification shall state,
where appropriate, that the recipient does not discriminate in admission
or access to, or treatment or employment in, its programs and
activities. The notification shall also include an identification of the
responsible employee designated pursuant to Sec. 605.7(a). A recipient
shall make the initial notification required by this paragraph within 90
days of the effective date of this part. Methods of initial and
continuing notification may include the posting of notices, publication
in newspapers and magazines, placement of notices in recipient's
publication, and distribution of memoranda or other written
communications.
(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 recipient may meet the requirement
of this paragraph either by including appropriate inserts in existing
materials and publications or by revising
[[Page 87]]
and reprinting the materials and publications.
Sec. 605.9 Administrative requirements for small recipients.
The Director may require any recipient with fewer than fifteen
employees, or any class of such recipients, to comply with Secs. 605.7
and 605.8, in whole or in part, when the Director finds a violation of
this part or finds that such compliance will not significantly impair
the ability of the recipient or class or recipients to provide benefits
or services.
Sec. 605.10 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 the basis of handicap, imposes prohibitions or
limits upon the eligibility of qualified handicapped persons to receive
services or to practice any occupation or profession.
(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 for
nonhandicapped persons.
Subpart B--Employment Practices
Sec. 605.11 Discrimination prohibited.
(a) General. (1) No qualified handicapped person shall, on the basis
of handicap, be subjected 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 assisted under that
Act.
(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 applicants or employees in any way
that adversely affects their opportunities or status because of
handicap.
(4) A recipient may not participate in a contractual or other
relationship that has the effect of subjecting qualified handicapped
applicants or employees to discrimination prohibited by this subpart.
The relationships referred to in this subparagraph include relationships
with employment and referral agencies, with labor unions, with
organizations providing or administering fringe benefits to employees of
the recipient, and with organizations providing training and
apprenticeship programs.
(b) 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 tenure, demotion,
transfer, layoff, termination, right of return from layoff and rehiring;
(3) Rates of pay or any other form of compensation and changes in
compensation;
(4) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
(5) Leaves of absence, sick leave, or any other leave;
(6) Fringe benefits available by virtue of employment, whether or
not administered by the recipient;
(7) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(8) Employer sponsored activities, including social or recreational
programs; 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.
Sec. 605.12 Reasonable accommodation.
(a) A recipient shall make reasonable accommodation to the known
physical or mental limitations of an otherwise
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qualified handicapped applicant or employee unless the recipient can
demonstrate that the accommodation would impose an undue hardship on the
operation of its program.
(b) Reasonable accommodation may include: (1) Making facilities used
by employees readily accessible to and usable by handicapped persons,
and (2) job restructuring, part-time or modified work schedules,
acquisition or modification or equipment or devices, the provision of
readers or interpreters, and other similar actions.
(c) In determining pursuant to paragraph (a) of this section whether
an accommodation would impose an undue hardship on the operation of a
recipient's program, factors to be considered include:
(1) The overall size of the recipient's program with respect to
number of employees, number and type of facilities, and size of budget;
(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.
Sec. 605.13 Employment criteria.
(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
job-related for the position in question, and (2) alternative job-
related tests or criteria that do not screen out or tend to screen out
as many handicapped persons are not shown by the Director to be
available.
(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).
Sec. 605.14 Preemployment inquiries.
(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 whether the applicant
is a handicapped person or as to the nature or severity of a handicap. A
recipient may, however, make preemployment inquiry into an applicant's
ability to perform job-related functions.
(b) When a recipient is taking remedial action to correct the
effects of past discrimination pursuant to Sec. 605.6(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 Sec. 605.6(b), or when a
recipient is taking affirmative action pursuant to section 503 of the
Act, the recipient may invite applicants for employment to indicate
whether and to what extent they are handicapped, Provided, 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 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 with this part.
(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,
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Provided, That: (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 this
part.
(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;
(2) First aid and safety personnel may be informed, where
appropriate, if the condition might require emergency treatment; and
(3) Government officials investigating compliance with the Act shall
be provided relevant information upon request.
Secs. 605.15--605.20 [Reserved]
Subpart C--Program Accessibility
Sec. 605.21 Discrimination prohibited.
No qualified handicapped person shall, because a recipient's
facilities are inaccessible to or unusable by handicapped persons, be
denied the benefits of, be excluded from participation in, or otherwise
be subjected to discrimination under any program or activity to which
this part applies.
Sec. 605.22 Existing facilities.
(a) Program accessibility. A recipient shall operate each program or
activity to which this part applies so that the program or activity,
when viewed in its entirety, is readily accessible to qualified
handicapped persons. This paragraph does not require a recipient to make
each of its existing facilities or every part of a facility accessible
to and usable by qualified handicapped persons.
(b) Methods. A recipient may comply with the requirements of
paragraph (a) of this section through such means as redesign of
equipment, reassignment of classes or other services to accessible
buildings, assignment of aides to beneficiaries, home visits, delivery
of health, welfare, or other social services at alternate accessible
sites, alteration of existing facilities and construction of new
facilities in conformance with the requirements of Sec. 605.23, or any
other methods that result in making its program or activity accessible
to qualified handicapped persons. A recipient is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with paragraph (a) of this section. In
choosing among available methods for meeting the requirement of
paragraph (a) of this section, a recipient shall give priority to those
methods that offer programs and activities to qualified handicapped
persons in the most integrated setting appropriate.
(c) Small health, welfare, or other social service providers. If a
recipient with fewer than fifteen employees that provides health,
welfare, or other social services finds, after consultation with a
qualified handicapped person seeking its services, that there is no
method of complying with paragraph (a) of this section other than making
a significant alteration in its existing facilities, the recipient may,
as an alternative, refer the qualified handicapped person to other
providers of those services that are accessible.
(d) Time period. 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 of the
effective date of this part, but in any event as expeditiously as
possible.
(e) Transition plan. In the event that structural changes to
facilities are necessary to meet the requirement of paragraph (a) of
this section, a recipient shall develop, within six months of the
effective date of this part, a transition plan setting forth the steps
necessary to complete such changes. The plan shall be developed with the
assistance of interested persons, including qualified handicapped
persons or organizations representing qualified handicapped persons. A
copy of the transition plan shall be made available for
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public inspection. The plan shall, at a minimum:
(1) Identify physical obstacles in the recipient's facilities that
limit the accessibility of its program or activity to qualified
handicapped persons;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
full program accessibility and, if the time period of the transition
plan is longer than one year, identify the steps of that will be taken
during each year of the transition period; and
(4) Indicate the person responsible for implementation of the plan.
(f) Notice. 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 location of
services, activities, and facilities that are accessible to and usuable
by qualified handicapped persons.
Sec. 605.23 New construction.
(a) Design and 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 qualified handicapped
persons, if the construction was commenced after the effective date of
this part.
(b) Alteration. Each facility or part of a facility which is altered
by, on behalf of, or for the use 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 altered portion of the
facility is readily accessible to and usable by qualified handicapped
persons.
(c) Conformance with Uniform Federal Accessibility Standards. (1)
Effective as of January 18, 1991, design, construction, or alteration of
buildings in conformance with sections 3-8 of the Uniform Federal
Accessibility Standards (USAF) (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 technical and
scoping requirements of UFAS by the use of other methods are permitted
where substantially equivalent or greater access to and usability of the
building is provided.
(2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall
be interpreted to exempt from the requirements of UFAS only mechanical
rooms and other spaces that, because of their intended use, will not
require accessibility to the public or beneficiaries or result in the
employment or residence therein of persons with physical handicaps.
(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.
[47 FR 8573, Mar. 1, 1982, as amended at 55 FR 52138, 52142, Dec. 19,
1990]
Secs. 605.24--605.30 [Reserved]
Subpart D--Preschool, Elementary, and Secondary Education
Sec. 605.31 Application of this subpart.
Subpart D applies to preschool, elementary, secondary, and adult
education programs and activities that receive or benefit from Federal
financial assistance and to recipients that operate, or that receive or
benefit from Federal financial assistance for the operation of, such
programs or activities.
Sec. 605.32 Location and notification.
A recipient that operates a public elementary or secondary education
program shall annually:
(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 or the recipient's duty under this subpart.
[[Page 91]]
Sec. 605.33 Free appropriate public education.
(a) General. A recipient that operates a public elementary or
secondary education program shall provide a free appropriate public
education to each qualified handicapped person who is in the recipient's
jurisdiction, regardless of the nature or severity of the person's
handicap.
(b) Appropriate education. (1) For the purpose of this subpart, the
provision of an appropriate education is the provision of regular or
special education and related aids and services that (i) are designed to
meet individual educational needs of handicapped persons as adequately
as the needs of nonhandicapped persons are met and (ii) are based upon
adherence to procedures that satisfy the requirements of Secs. 605.34,
605.35 and 605.36.
(2) Implementation of an individualized education program developed
in accordance with the Education of the Handicapped Act is one means of
meeting the standard established in paragraph (b)(1)(i) of this section.
(3) A recipient may place a handicapped person in or refer such
person to a program other than the one that it operates as its means of
carrying out the requirements of this subpart. If so, the recipient
remains responsible for ensuring that the requirements of this subpart
are met with respect to any handicapped person so placed or referred.
(c) Free education--(1) General. For the purpose of this section,
the provision of a free education is the provision of educational and
related services without cost to the handicapped person or to 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
handicapped person in or refers such person to a program not operated by
the recipient as its means of carrying out the requirements of this
subpart, of payment for the costs of the program. Funds available from
any public or private agency may be used to meet the requirements of
this subpart. Nothing in this section shall be construed to relieve an
insurer or similar third party from an otherwise valid obligation to
provide or pay for services provided to a handicapped person.
(2) Transportation. If a recipient places a handicapped person in or
refers such person to a program not operated 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 program is
provided at no greater cost than would be incurred by the person or his
or her parents or guardian if the person were placed in the program
operated by the recipient.
(3) Residential placement. If placement in a public or private
residential program is necessary to provide a free appropriate public
education to a handicapped person because of his or her handicap, the
program, including non-medical care and room and board, shall be
provided at no cost to the person or his or her parents or guardian.
(4) Placement of handicapped persons by parents. If a recipient has
made available, in conformance with the requirements of this section and
Sec. 605.34, a free appropriate public education to a handicapped person
and the person's parents or guardian chooses 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 between a parent or
guardian and a recipient regarding whether the recipient has made such a
program available or otherwise regarding the question of financial
responsibility are subject to the due process procedures of Sec. 605.36.
(d) Compliance. 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 compliance with the other
requirements of the preceding paragraphs of this section shall meet such
requirements at the earliest practicable time and in no event later than
July 1, 1983.
Sec. 605.34 Educational setting.
(a) Academic setting. A recipient to which this subpart applies
shall educate, or shall provide for the education of, each qualified
handicapped person
[[Page 92]]
in its jurisdiction with persons who are not handicapped to the maximum
extent appropriate to the needs of the handicapped person. A recipient
shall place a handicapped person in the regular educational environment
operated by the recipient unless it is demonstrated by the recipient
that the education of the person in the regular environment with the use
of supplementary aids and services cannot be achieved satisfactorily.
Whenever a recipient places a person in a setting other than the regular
educational environment pursuant to this paragraph, it shall take into
account the proximity of the alternate setting to the person's home.
(b) Nonacademic settings. In providing or arranging for the
provision of nonacademic and extracurricular services and activities,
including meals, recess periods, and the services and activities set
forth in Sec. 605.37(a)(2), a recipient shall ensure that handicapped
persons participate with nonhandicapped persons in such activities and
services to the maximum extent appropriate to the needs of the
handicapped person in question.
(c) Comparable facilities. 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.
Sec. 605.35 Evaluation and placement.
(a) Preplacement evaluation. A recipient that operates a public
elementary or secondary education program shall conduct an evaluation in
accordance with the requirements of paragraph (b) of this section of any
person who, because of handicap, needs or is believed to need special
education or related services before taking any action with respect to
the initial placement of the person in a regular or special education
program and any subsequent 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 persons who, because of handicap, need or are believed to
need special education or related services which ensure that:
(1) Tests and other evaluation materials have been validated for the
specific purpose for which they are used and are administered by trained
personnel in conformance with the instructions provided by their
producer;
(2) Tests and other evaluation materials include those tailored to
assess specific areas of educational need and not merely those which are
designed to provide a single general intelligence 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,
or speaking skills, the test results accurately reflect the student's
aptitude or achievement level or whatever other factor the test purports
to measure, rather than reflecting the student's impaired sensory,
manual, or speaking skills (except where those skills are the factors
that the test purports to measure).
(c) Placement procedures. In interpreting evaluation data and in
making placement decisions, a recipient shall (1) draw upon information
from a variety of sources, including aptitude and achievement tests,
teacher recommendations, physical condition, social or cultural
background, and adaptive behavior, (2) establish procedures to ensure
that information obtained from all such sources is documented and
carefully considered, (3) ensure that the placement decision is made by
a group of persons, including persons knowledgeable about the child, the
meaning of the evaluation data, and the placement options, and (4)
ensure that the placement decision is made in conformity with
Sec. 605.34.
(d) Reevaluation. A recipient to which this section applies shall
establish procedures, in accordance with paragraph (b) of this section,
for periodic reevaluation of students who have been provided special
education and related services. A reevaluation procedure consistent with
the Education for the Handicapped Act is one means of meeting this
requirement.
[[Page 93]]
Sec. 605.36 Procedural safeguards.
A recipient that operates a public elementary or secondary education
program shall establish and implement, with respect to actions regarding
the identification, evaluation, or educational placement of persons who,
because of handicap, need or are believed to need special instruction or
related services, a system of procedural safeguards that includes
notice, an opportunity for the parents or guardian of the person to
examine relevant records, an impartial hearing with opportunity for
participation by the person's parents or guardian and representation by
counsel, and a review procedure. Compliance with the procedural
safeguards of section 615 of the Education of the Handicapped Act is one
means of meeting this requirement.
Sec. 605.37 Nonacademic services.
(a) General. (1) A recipient to which this subpart applies shall
provide nonacademic and extracurricular services and activities in such
manner as is necessary to afford handicapped students an equal
opportunity for participation in such services and activities.
(2) Nonacademic and extracurricular services and activities may
include counseling services, physical recreational athletics,
transportation, health services, recreational activities, special
interest groups or clubs sponsored by the recipients, referrals to
agencies which provide assistance to handicapped persons, and employment
of students, including both employment by the recipient and assistance
in making available outside employment.
(b) Counseling 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.
(c) Physical education and athletics. (1) In providing physical
education courses and athletics and similar programs and activities 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 interscholastic, 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 from those
offered to nonhandicapped students only if separation or differentiation
is consistent with the requirements of Sec. 605.34 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.
Sec. 605.38 Preschool and adult education programs.
A recipient to which this subpart applies that operates a preschool
education or day care program or activity or an adult education program
or activity may not, on the basis of handicap, exclude qualified
handicapped persons from the program or activity and shall take into
account the needs of such persons in determining the aid, benefits, or
services to be provided under the program or activity.
Sec. 605.39 Private education programs.
(a) A recipient that operates a private elementary or secondary
education program may not, on the basis of handicap, exclude a qualified
handicapped person from such program if the person can, with minor
adjustments, be provided an appropriate education, as defined in
Sec. 605.33(b)(1), within the recipient's program.
(b) A recipient to which this section applies may not charge more
for the provision of an appropriate education to handicapped persons
than to nonhandicapped persons except to the extent that any additional
charge is justified by a substantial increase in cost to the recipient.
(c) A recipient to which this section applies that operates special
education programs shall operate such programs in accordance with the
provisions of Secs. 605.35 and 605.36. Each recipient to which this
section applies is subject to
[[Page 94]]
the provisions of Secs. 605.34, 605.37 and 605.38.
Sec. 605.40 [Reserved]
Subpart E--Postsecondary Education
Sec. 605.41 Application of this subpart.
Subpart E applies to postsecondary education programs and
activities, including postsecondary vocational education programs and
activities, that receive or benefit from Federal financial assistance
and to recipients that operate, or that receive or benefit from Federal
financial assistance for the operation of, such programs or activities.
Sec. 605.42 Admissions and recruitment.
(a) General. 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 subpart applies.
(b) Admissions. In administering its admission policies, a recipient
to which this subpart applies:
(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 effect on handicapped persons or any class
of handicapped persons unless (i) the test or criterion, as used by the
recipient, has been validated as a predictor of success in the education
program or activity in question and (ii) alternate tests or criteria
that have a less disproportionate, adverse effect are not shown by the
Director to be available.
(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 to whether an applicant for admission is a
handicapped person but, after admission, may make inquiries on a
confidential basis as to handicaps that may require accommodation.
(c) Preadmission inquiry exception. When a recipient is taking
remedial action to correct the effects of past discrimination pursuant
to Sec. 605.6(a) or 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
Sec. 605.6(6), the recipient may invite applicants for admission to
indicate whether and to what extent they are handicapped, Provided,
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.
(d) Validity studies. For the purpose of paragraph (b)(2) of this
section, a recipient may base prediction equations on first year grades,
but shall conduct periodic validity studies against the criterion of
overall success in the education program or activity in question in
order to monitor the general validity of the test scores.
Sec. 605.43 Treatment of students; general.
(a) No qualified handicapped student shall, on the basis of
handicap, be excluded from participation in, be denied
[[Page 95]]
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
program or activity 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, an
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
programs and activities in the most integrated setting appropriate.
Sec. 605.44 Academic adjustments.
(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 program of
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 in its program,
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 under the education program or
activity operated by the recipient 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 attendents, individually prescribed devices,
readers for personal use or study, or other devices or services of a
personal nature.
Sec. 605.45 Housing.
(a) Housing provided by the recipient. A recipient that provides
housing to its nonhandicapped students shall provide comparable,
convenient, and accessible housing to handicapped students at the same
cost as to others. At the end of the transition period provided for in
subpart C, such housing shall be available in sufficient quantity and
variety
[[Page 96]]
so that the scope of handicapped students' choice of living
accommodations is, as a whole, comparable to that of nonhandicapped
students.
(b) Other housing. 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 of handicap.
Sec. 605.46 Financial and employment assistance to students.
(a) Provision of financial assistance. (1) In providing financial
assistance to qualified 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 assistance 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 the 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 on the basis of handicap only if
the overall effect of the award of scholarships, fellowships, and other
forms of financial assistance is not discriminatory on the basis of
handicap.
(b) Assistance in making available outside employment. A recipient
that helps its students to obtain employment shall assure itself that
the employment opportunities it helps to make available to students are,
as a whole, made available in a manner that would not violate subpart B
if they were provided by the recipient.
(c) Employment of students by recipients. A recipient that employs
any of its students may not do so in a manner that violates subpart B.
Sec. 605.47 Nonacademic services.
(a) Physical education and athletics. (1) In providing physical
education courses and athletics and similar programs and activities 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
Sec. 605.43(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.
Secs. 605.48--605.50 [Reserved]
Subpart F--Health, Welfare, and Social Services
Sec. 605.51 Application of this subpart.
Subpart F applies to health, welfare, and other social service
programs and
[[Page 97]]
activities that receive or benefit from Federal financial assistance and
to recipients that operate, or that receive or benefit from Federal
financial assistance for the operation of, such programs or activities.
Sec. 605.52 Health, welfare, and other social services.
(a) General. In providing health, welfare, or other social services
or benefits, a recipient may not, on the basis of handicap:
(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 not equal to that offered nonhandicapped
persons;
(3) Provide a qualified handicapped person which benefits or
services that are not as effective (as defined in Sec. 605.4(b)) as the
benefits or services provided to others;
(4) Provide benefits or services in a manner that limits or has the
effect of limiting the participation of qualified handicapped persons;
or
(5) Provide different or separate benefits or services to
handicapped persons except where necessary provide qualified handicapped
persons with benefits and services that are as effective as those
provided to others.
(b) Notice. 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 effective notice because of their
handicap.
(c) Emergency treatment for the hearing impaired. A recipient
hospital that provides health services or benefits shall establish a
procedure for effective communication with persons with impaired hearing
for the purpose of providing emergency health care.
(d) Auxiliary aids. (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.
(2) The Director may require recipients with fewer than fifteen
employees to provide auxiliary aids where the provision of aids would
not significantly impair the ability of the recipient to provide its
benefits or services.
(3) For the purpose of this paragraph, auxiliary aids may include
brailled and taped material, interpreters, and other aids for persons
with impaired hearing or vision.
Sec. 605.53 Drug and alcohol addicts.
A recipient to which this subpart applies that operates a general
hospital or outpatient facility may not discriminate in admission or
treatment against a drug or alcohol abuser or alcoholic who is suffering
from a medical condition, because of the person's drug or alcohol abuse
or alcoholism.
Sec. 605.54 Education of institutionalized persons.
A recipient to which this subpart applies and that operates or
supervises a program or activity for persons who are institutionalized
because of handicap shall ensure that each qualified handicapped person,
as defined in Sec. 605.3(k)(2), in its program or activity is provided
an appropriate education, as defined in Sec. 605.33(b). Nothing in this
section shall be interpreted as altering in any way the obligations of
recipients under subpart D.
Secs. 605.55--605.60 [Reserved]
Subpart G--Procedures
Sec. 605.61 Procedures.
The procedural provisions applicable to title VI of the Civil Rights
Act of 1964 apply to this part. These procedures are found in
Secs. 611.6 through 611.10 of this title (45 CFR). In the event that the
Department of Education or the Department of Health and Human Services
conducts a hearing under this part on behalf of NSF, the provisions of
45 CFR 84.61 shall also apply except that the Director of NSF or his
designee shall also be ``the responsible Department official'' for
purposes of 45 CFR 81.102 and 81.121 and ``the reviewing authority'' for
purposes of 45 CFR 81.103, 81.104, and 81.105. Also, in such cases, the
Director of NSF rather than
[[Page 98]]
the Secretary of HHS or Education shall conduct the review provided for
in 45 CFR 81.106.
Secs. 605.62--605.90 [Reserved]