Admission and Recruitment

Qualified persons with disabilities may not on the basis of disability be denied admission to or be subjected to discrimination in admission or recruitment by a recipient [34 CFR 104.42(9)].

With respect to postsecondary and vocational education services, a qualified person is one with a disability who meets the academic and technical standards requisite to admission or participation in the educational institution’s educational program or activity [34 CFR 104.3(k)(3)].

Postsecondary educational institutions may not use any test or criterion for admission that has a disproportionate adverse effect on persons with disabilities unless it has been validated as a predictor of academic success and alternate tests or criteria with a less disproportionate, adverse effect are shown by the Department not to be available [34 CFR 104.42(b)(2)].

Admissions tests are selected and administered to applicants with impaired sensory, manual, or speaking skills in such a manner as is necessary to avoid unfair distortion of test results [34 CFR 104.42(b)(3)(i)].

Admissions tests must be administered in facilities that on the whole are accessible [34 CFR 104.42(b)(3)(iii)].

Generally prohibited are pre-admission inquiries as to whether an applicant has a disability. Confidential inquiries may be made after admission as to disabilities that may require accommodation [34 CFR 104.42(b)(4)].

Next: Click to proceed to Treatment of Students.