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).
  • 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(l)(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)).

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