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[IP] Glucose testing in schools



No. 5 below is related to the current discussion, among others.

Curtis Lomax


TITLE 34?EDUCATION

SUBTITLE B ? REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER I -- OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

PART 104 -- NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

                    Subpart A -- General Provisions

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Sec
' 104.4   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 activitiy which receives 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 or activity;

                  (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 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 aid,
benefits, or services provided in accordance with this part, a recipient
may not deny a qualified handicapped person the opportunity to participate
in such aid, benefits, or services 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 or activity 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 handicapped persons from, denying them the
benefits of, or otherwise subjecting them to discrimination under any
program or activity that receives 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
handicapped persons.

                  (6) As used in this section, the aid, benefit, or service
provided under a program or activity receiving 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) Aid, benefits or services limited by Federal law.
The exclusion of nonhandicapped persons from aid, benefits, or services
limited by Federal statute or executive order to handicapped persons or the
exclusion of a specific class of handicapped persons from aid, benefits, or
services limited by Federal statute or executive order to a different class
of handicapped persons is not prohibited by this part.
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