BEFORE THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE WASHINGTON, D. C. : NONDISCRIMINATION ON THE BASIS OF HANDICAP 45 CFR PART 49

by Jakina Debnam on September 14, 1976
by Jakina Debnam, Bruce Yandle, James C. Miller, William Lilley and Vaughn C. Williams

On May 17,1976, the Department of Health, Education, and Welfare (“HEW” or “Department”) proposed rules for the implementation of Section 504 of the Rehabilitation Act (“Act”) of 1973 (41 fB.20296). The Department requested comments at that time, and on July 16, 1976 reproposed the rules with modifications reflecting comments received
(41 FR 29547). With its initial notification, the Department included an extensive Inflationary Impact Statement (lIS) dated February 18, 1976 .

The proposed rules were issued “to ensure that pro9rams and activities funded by the Department of Health, Education, and Welfare are free of discrimination on the basis of handicap” (45 CFR 84). The rules have been subdivided into the areas of the Department’s basic concern:

1. Employment practices,

2. Program accessibility,

3. Preschool, elementary, and secondary education,

4. Postsecondary education, and

5. Health, welfare, and social services.

In the area of employment, the Department’s proposal deals with recruitment, employment criteria, job structuring, compensation, and reasonable accommodation. Under program accessibility, the proposal prescribes rules and periods for compliance for the maintenance of barrier-free accessibility to all structures affected by the law. In
the area of lower-level schooling, it requires that school systems provide an education for ~ handicapped students in the most normal setting practicable in accordance with the children’s handicaps. Under higher education, it requires that accessibility to all programs and services be provided by affected postsecondary schools. It also requires
similar accessibility be provided by all health and welfare services.

 View Complete Document as PDF    Share Share    Print Print    Email Email

Previous post:

Next post: