IV. Access and Admission of Students Access and Admission of Students to Vocational Education Programs

(b) State and local recipients may not select or approve a site for a vocational education facility for the purpose or with the effect of excluding, segregating, or otherwise discriminating against students on the basis of race, color, or national origin. Recipients must locate vocational education facilities at sites that are readily accessible to both non-minority and minority communities, and that do not tend to identify the facility or program as intended for nonminority or minority students.

IV. Access and Admission of Students to Vocational Education Programs

(D) Additions and Renovations to Existing Vocational Education Facilities. A recipient may not add to, modify, or renovate the physical plant of a vocational education facility in a manner that creates maintains, or increases student segregation on the basis of race, color, national origin, sex, or handicap.

IV. Access and Admission of Students Access and Admission of Students to Vocational Education Programs

(H) Eligibility for Admission to Vocational Education Centers, Branches or Annexes Based upon Student Option.A vocational education center, branch or annex, open to all students in a service area and predominantly enrolling minority students or students of one race, national origin or sex, will be presumed unlawfully segregated if:

(1) it was established by a recipient for members of one race, national origin or sex; or

(2) it has since its construction been attended primarily by members of one race, national origin or sex; or

(3) most of its program offerings have traditionally been selected predominantly by members of one race, national origin or sex.

IV. Access and Admission of Students Access and Admission of Students to Vocational Education Programs

(N) Equal Access for Handicapped Students. Recipients may not deny handicapped students access to vocational education programs or courses because of architectural or equipment barriers, or because of the need for related aids and services or auxiliary aids. If necessary, recipients must:

(1) modify instructional equipment;

(2) modify or adapt the manner in which the courses are offered;

(3) house the program in facilities that are readily accessible to mobility impaired students or alter facilities to make them readily accessible to mobility impaired students; and

(4) provide auxiliary aids that effectively make lectures and necessary materials available to postsecondary handicapped students;

(5) provide related aids or services that assure secondary students an appropriate education.

Academic requirements that the recipient can demonstrate are essential to a program of instruction or to any directly related licensing requirement will not be regarded as discriminatory. However, where possible, a recipient must adjust those requirements to the needs of individual handicapped students. Access to vocational programs or courses may not be denied handicapped students on the ground that employment opportunities in any occupation or profession may be more limited for handicapped persons than for non-handicapped persons.

VI. Equal Opportunity in the Vocational Education Instructional Setting

(A) Accommodations for Handicapped Students. Recipients must place secondary level handicapped students in the regular educational environment of any
vocational education program to the maximum extent appropriate to the needs of the student unless it can be demonstrated that the education of the handicapped person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Handicapped students may be placed in a program only after the recipient satisfies the provisions of the Department’s Regulation, 45 CFR Part 84, relating to evaluation, placement, and procedural safeguards. If a separate class or facility is identifiable as being for handicapped persons, the facility, the programs, and the services must be comparable to the facilities, programs, and services offered to non-handicapped students.

VI. Equal Opportunity in the Vocational Education Instructional Setting

(C) Housing in Residential Post-secondary Educational Centers. Recipients must extend housing opportunities without discrimination based on race, color, national origin, sex, or handicap. This obligation extends to recipients that provide on-campus housing and/or that have agreements with providers of off-campus housing. In particular, a recipient post-secondary vocational education program that provides on-campus or off-campus housing to Its non-handicapped students must provide, at the same cost and under the same conditions, comparable convenient and accessible housing to handicapped students.

VI. Equal Opportunity in the Vocational Education Instructional Setting

(D) Comparable FacilitiesRecipients must provide changing rooms, showers, and other facilities for students of one sex that are comparable to those provided to students of the other sex. This may be accomplished by alternating use of the same facilities or by providing separate, comparable facilities. Such facilities must be adapted or modified to the extent necessary to make the vocational education program readily accessible to handicapped persons.

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