[nfbmi-talk] they are still jawboning about role ofcommission now?

[joe harcz Comcast]

I made no assumption it was simply sent you. And also the list for many 
aren't intimate with this which by the way are the Section 504 regulations, 
our civil rights protections in every aspect of the VR process and, in fact 
with every entity in receipt of federal funds. As per the "respecting women" 
issue that certainly came out of left field and is just another ad hominum 
reference.

Regardless in these rules you will find both the roles and obligations 
especially related to timelines and also delivery of accessible educational 
materials, etc. in the provisions for both Voc. Rehab. entities here and for 
places of higher education.

I suggest that all in this process look carefully at the "academic 
adjustments" requirement here and the fact in the preamble that one 
federally funded agency cannot legally cause another to effectively 
discriminate or to violate its own obligations. Commissioner Taekins was 
correct in the last quarterly meeting on this issue though she referenced 
the ADA and not 504.

Moreover, this goes to the fact that a federally funded entity cannot 
legally put policies, practices and guidelines in place that violate any 
part of these regulations.

Of course they violated key aspects of that by trying to use an arcane civil 
service code to violate the MCB TC students 504 rights and then they 
violated Christine Boone's 504 right by retaliating against her for 
developing a protected program.

That is not a separate issue by the way for it goes to the core of MCB's 
activities in that it routinely and through policy and actions violates the 
civil rights including those in 504 of its consumers and staff for that 
matter.

I will tell you this Elizabeth if the final college guidelines have any 
policy that is discriminatory and violative of 504 I will personally file 
complaints in that regards with the Office for Civil Rights in the United 
States Department of Education.

But, the issue might just be moot if stakeholders don't clean up the mess 
because I'll guarantee you federal money including that for college has 
already been impacted adversely.

If it keeps going down this slippery slope there will be very few blind 
folks funded at all for postsecondary ed, or at least many fewer. And I 
really suspect highly that funding for grad programs as in many other states 
will become as rare as proverbial hens teeth.

Sincerely,

Joe
----- Original Message ----- 
From: "Elizabeth" <lizmohnke at hotmail.com>
To: <nfbmi-talk at nfbnet.org>
Sent: Tuesday, May 04, 2010 11:38 PM
Subject: Re: [nfbmi-talk] they are still jawboning about role ofcommission 
now?



Your assumption that I am not familiar with the federal Rehabilitation Act 
is unfounded and unnecessary. For someone who claims to respect women, you 
certainly have an interesting way of showing it.

Respectfully,
Elizabeth

 > From: joeharcz at comcast.net
> To: nfbmi-talk at nfbnet.org
> Date: Tue, 4 May 2010 20:48:39 -0400
> Subject: Re: [nfbmi-talk] they are still jawboning about role of 
> commission now?
>
> Please keep in mind the provisions of this when examining college policy
> Elizabeth:
> 34 C.F.R. Part 104[Notice to Readers]
>
> 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
>
> Sec.
>
> 104.1 Purpose.
>
> 104.2 Application.
>
> 104.3 Definitions.
>
> 104.4 Discrimination prohibited.
>
> 104.5 Assurances required.
>
> 104.6 Remedial action, voluntary action, and self‑evaluation.
>
> 104.7 Designation of responsible employee and adoption of grievance
> procedures.
>
> 104.8 Notice.
>
> 104.9 Administrative requirements for small recipients.
>
> 104.10 Effect of state or local law or other requirements and effect of
>
> employment opportunities.
>
> Subpart B -- Employment Practices
>
> 104.11 Discrimination prohibited.
>
> 104.12 Reasonable accommodation.
>
> 104.13 Employment criteria.
>
> 104.14 Preemployment inquiries.
>
> Subpart C -- Accessibility
>
> 104.21 Discrimination prohibited.
>
> 104.22 Existing facilities.
>
> 104.23 New construction.
>
> Subpart D -- Preschool, Elementary, and Secondary
> Education
>
> 104.31 Application of this subpart.
>
> 104.32 Location and notification.
>
> 104.33 Free appropriate public education.
>
> 104.34 Educational setting.
>
> 104.35 Evaluation and placement.
>
> 104.36 Procedural safeguards.
>
> 104.37 Nonacademic services.
>
> 104.38 Preschool and adult education.
>
> 104.39 Private education.
>
> Subpart E -- Postsecondary Education
>
> 104.41 Application of this subpart.
>
> 104.42 Admissions and recruitment.
>
> 104.43 Treatment of students; general.
>
> 104.44 Academic adjustments.
>
> 104.45 Housing.
>
> 104.46 Financial and employment assistance to students.
>
> 104.47 Nonacademic services.
>
> Subpart F -- Health, Welfare, and Social Services
>
> 104.51 Application of this subpart.
>
> 104.52 Health, welfare, and other social services.
>
> 104.53 Drug and alcohol addicts.
>
> 104.54 Education of institutionalized persons.
>
> Subpart G -- Procedures
>
> 104.61 Procedures.
>
> APPENDIX A TO PART 104-ANALYSIS OF FINAL REGULATION
>
> APPENDIX B TO PART 104-GUIDELINES FOR ELIMINATING DISCRIMINATION AND 
> DENIAL
> OF
>
> SERVICES ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AND HANDICAP 
> IN
>
> VOCATIONAL EDUCATION PROGRAMS [NOTE]
>
> AUTHORITY: 20 U.S.C. 1405; 29 U.S.C. 794.
>
> SOURCE: 45 FR 30936, May 9, 1980, unless otherwise noted.
>
> Subpart A -- General Provisions
>
> § 104.1 Purpose.
>
> The purpose of this part is to effectuate section 504 of
> the
>
> Rehabilitation Act of 1973, which is designed to eliminate discrimination 
> on
> the
>
> basis of handicap in any program or activity receiving Federal financial
>
> assistance.
>
> § 104.2 Application.
>
> This part applies to each recipient of Federal financial
>
> assistance from the Department of Education and to the program or activity
> that
>
> receives such assistance.
>
> § 104.3 Definitions.
>
> As used in this part, the term:
>
> (a) The Act means the Rehabilitation Act of 1973, Pub. L.
>
> 93‑112, as amended by the Rehabilitation Act Amendments of 1974, 
> Pub.
> L. 93‑516,
>
> 29 U.S.C. 794.
>
> (b) Section 504 means section 504 of the Act.
>
> (c) Education of the Handicapped Act means that statute as
>
> amended by the Education for all Handicapped Children Act of 1975, Pub. L.
>
> 94‑142, 20 U.S.C. 1401 et seq.
>
> (d) Department means the Department of Education.
>
> (e) Assistant Secretary means the Assistant Secretary for
>
> Civil Rights of the Department of Education.
>
> (f) Recipient means any state or its political
> subdivision,
>
> any instrumentality of a state or its political subdivision, any public or
>
> private agency, institution, organization, or other entity, or any person 
> to
>
> which Federal financial assistance is extended directly or through another
>
> recipient, including any successor, assignee, or transferee of a 
> recipient,
> but
>
> excluding the ultimate beneficiary of the assistance.
>
> (g) Applicant for assistance means one who submits an
>
> application, request, or plan required to be approved by a Department
> official
>
> or by a recipient as a condition to becoming a recipient.
>
> (h) Federal financial assistance means any grant, loan,
>
> contract (other than a procurement contract or a contract of insurance or
>
> guaranty), or any other arrangement by which the Department provides or
>
> otherwise makes available assistance in the form of:
>
> (1) Funds;
>
> (2) Services of Federal personnel; or
>
> (3) Real and personal property or any interest in or use
> of
>
> such property, including:
>
> (i) Transfers or leases of such property for less than
> fair
>
> market value or for reduced consideration; and
>
> (ii) Proceeds from a subsequent transfer or lease of such
>
> property if the Federal share of its fair market value is not returned to
> the
>
> Federal Government.
>
> (i) Facility means all or any portion of buildings,
>
> structures, equipment, roads, walks, parking lots, or other real or 
> personal
>
> property or interest in such property.
>
> (j) Handicapped person -- (1) Handicapped persons means
> any
>
> person who (i) has a physical or mental impairment which substantially
> limits
>
> one or more major life activities, (ii) has a record of such an 
> impairment,
> or
>
> (iii) is regarded as having such an impairment.
>
> (2) As used in paragraph (j)(1) of this section, the
> phrase:
>
> (i) Physical or mental impairment means (A) any
> physiological
>
> disorder or condition, cosmetic disfigurement, or anatomical loss 
> affecting
> one
>
> or more of the following body systems: neurological; musculoskeletal;
> special
>
> sense organs; respiratory, including speech organs; cardiovascular;
>
> reproductive, digestive, genito‑urinary; hemic and lymphatic; skin;
> and
>
> endocrine; or (B) any mental or psychological disorder, such as mental
>
> retardation, organic brain syndrome, emotional or mental illness, and
> specific
>
> learning disabilities.
>
> (ii) Major life activities means functions such as caring
> for
>
> one's self, performing manual tasks, walking, seeing, hearing, speaking,
>
> breathing, learning, and working.
>
> (iii) Has a record of such an impairment means has a
> history
>
> of, or has been misclassified as having, a mental or physical impairment
> that
>
> substantially limits one or more major life activities.
>
> (iv) Is regarded as having an impairment means (A) has a
>
> physical or mental impairment that does not substantially limit major life
>
> activities but that is treated by a recipient as constituting such a
> limitation;
>
> (B) has a physical or mental impairment that substantially limits major 
> life
>
> activities only as a result of the attitudes of others toward such
> impairment;
>
> or (C) has none of the impairments defined in paragraph (j)(2)(i) of this
>
> section but is treated by a recipient as having such an impairment.
>
> (k) Program or activity means all of the operations of--
>
> (1)(i) A department, agency, special purpose district, or
>
> other instrumentality of a State or of a local government; or
>
> (ii) The entity of such State or local government that
>
> distributes such assistance and each such department or agency (and each
> other
>
> State or local government entity) to which the assistance is extended, in
> the
>
> case of assistance to a State or local government;
>
> (2)(i) A college, university, or other postsecondary
>
> institution, or a public system of higher education; or
>
> (ii) A local educational agency (as defined in 20 U.S.C.
>
> 8801), system of vocational education, or other school system;
>
> (3)(i) An entire corporation, partnership, or other
> private
>
> organization, or an entire sole proprietorship--
>
> (A) If assistance is extended to such corporation,
>
> partnership, private organization, or sole proprietorship as a whole; or
>
> (B) Which is principally engaged in the business of
> providing
>
> education, health care, housing, social services, or parks and recreation;
> or
>
> (ii) The entire plant or other comparable, geographically
>
> separate facility to which Federal financial assistance is extended, in 
> the
> case
>
> of any other corporation, partnership, private organization, or sole
>
> proprietorship; or
>
> (4) Any other entity which is established by two or more
> of
>
> the entities described in paragraph (k)(1), (2), or (3) of this section; 
> any
>
> part of which is extended Federal financial assistance.
>
> (Authority: 29 U.S.C. 794(b))
>
> (l) Qualified handicapped person means:
>
> (1) With respect to employment, a handicapped person who,
> with
>
> reasonable accommodation, can perform the essential functions of the job 
> in
>
> question;
>
> (2) With respect to public preschool elementary,
> secondary, or
>
> adult educational services, a handicappped person (i) of an age during 
> which
>
> nonhandicapped persons are provided such services, (ii) of any age during
> which
>
> it is mandatory under state law to provide such services to handicapped
> persons,
>
> or (iii) to whom a state is required to provide a free appropriate public
>
> education under section 612 of the Education of the Handicapped Act; and
>
> (3) With respect to postsecondary and vocational education
>
> services, a handicapped person who meets the academic and technical
> standards
>
> requisite to admission or participation in the recipient's education 
> program
> or
>
> activity;
>
> (4) With respect to other services, a handicapped person
> who
>
> meets the essential eligibility requirements for the receipt of such
> services.
>
> (m) Handicap means any condition or characteristic that
>
> renders a person a handicapped person as defined in paragraph (j) of this
>
> section.
>
> § 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.
>
> § 104.5 Assurances required.
>
> (a) Assurances. An applicant for Federal financial
> assistance
>
> to which this part applies shall submit an assurance, on a form specified 
> by
> the
>
> Assistant Secretary, that the program or activity will be operated in
> compliance
>
> with this part. An applicant may incorporate these assurances by reference
> in
>
> subsequent applications to the Department.
>
> (b) Duration of obligation. (1) In the case of Federal
>
> financial assistance extended in the form of real property or to provide
> real
>
> property or structures on the property, the assurance will obligate the
>
> recipient or, in the case of a subsequent transfer, the transferee, for 
> the
>
> period during which the real property or structures are used for the 
> purpose
> for
>
> which Federal financial assistance is extended or for another purpose
> involving
>
> the provision of similar services or benefits.
>
> (2) In the case of Federal financial assistance extended
> to
>
> provide personal property, the assurance will obligate the recipient for 
> the
>
> period during which it retains ownership or possession of the property.
>
> (3) In all other cases the assurance will obligate the
>
> recipient for the period during which Federal financial assistance is
> extended.
>
> (c) Covenants. (1) Where Federal financial assistance is
>
> provided in the form of real property or interest in the property from the
>
> Department, the instrument effecting or recording this transfer shall
> contain a
>
> covenant running with the land to assure nondiscrimination for the period
> during
>
> which the real property is used for a purpose for which the Federal
> financial
>
> assistance is extended or for another purpose involving the provision of
> similar
>
> services or benefits.
>
> (2) Where no transfer of property is involved but property
> is
>
> purchased or improved with Federal financial assistance, the recipient 
> shall
>
> agree to include the covenant described in paragraph (b)(2) of this 
> section
> in
>
> the instrument effecting or recording any subsequent transfer of the
> property.
>
> (3) Where Federal financial assistance is provided in the
> form
>
> of real property or interest in the property from the Department, the
> covenant
>
> shall also include a condition coupled with a right to be reserved by the
>
> Department to revert title to the property in the event of a breach of the
>
> covenant. If a transferee of real property proposes to mortgage or 
> otherwise
>
> encumber the real property as security for financing construction of new, 
> or
>
> improvement of existing, facilities on the property for the purposes for
> which
>
> the property was transferred, the Assistant Secretary may, upon request of
> the
>
> transferee and if necessary to accomplish such financing and upon such
>
> conditions as he or she deems appropriate, agree to forbear the exercise 
> of
> such
>
> right to revert title for so long as the lien of such mortgage or other
>
> encumbrance remains effective.
>
> § 104.6 Remedial action, voluntary action, and self‑evaluation.
>
> (a) Remedial action. (1) If the Assistant Secretary finds
> that
>
> a recipient has discriminated against persons on the basis of handicap in
>
> violation of section 504 or this part, the recipient shall take such
> remedial
>
> action as the Assistant Secretary deems necessary to overcome the effects 
> of
> the
>
> discrimination.
>
> (2) Where a recipient is found to have discriminated
> against
>
> persons on the basis of handicap in violation of section 504 or this part
> and
>
> where another recipient exercises control over the recipient that has
>
> discriminated, the Assistant Secretary, where appropriate, may require
> either or
>
> both recipients to take remedial action.
>
> (3) The Assistant Secretary may, where necessary to
> overcome
>
> the effects of discrimination in violation of section 504 or this part,
> require
>
> a recipient to take remedial action (i) with respect to handicapped 
> persons
> who
>
> are no longer participants in the recipient's program or activity but who
> were
>
> participants in the program or activity when such discrimination occurred 
> or
>
> (ii) with respect to handicapped persons who would have been participants 
> in
> the
>
> program or activity had the discrimination not occurred.
>
> (b) Voluntary action. A recipient may take steps, in
> addition
>
> to any action that is required by this part, to overcome the effects of
>
> conditions that resulted in limited participation in the recipient's 
> program
> or
>
> activity by qualified handicapped persons.
>
> (c) Self‑evaluation. (1) A recipient shall, within
> one year of
>
> the effective date of this part:
>
> (i) Evaluate, with the assistance of interested persons,
>
> including handicapped persons or organizations representing handicapped
> persons,
>
> its current policies and practices and the effects thereof that do not or
> may
>
> not meet the requirements of this part;
>
> (ii) Modify, after consultation with interested persons,
>
> including handicapped persons or organizations representing handicapped
> persons,
>
> any policies and practices that do not meet the requirements of this part;
> and
>
> (iii) Take, after consultation with interested persons,
>
> including handicapped persons or organizations representing handicapped
> persons,
>
> appropriate remedial steps to eliminate the effects of any discrimination
> that
>
> resulted from adherence to these policies and practices.
>
> (2) A recipient that employs fifteen or more persons
> shall,
>
> for at least three years following completion of the evaluation required
> under
>
> paragraph (c)(1) of this section, maintain on file, make available for
> public
>
> inspection, and provide to the Assistant Secretary upon request:
>
> (i) A list of the interested persons consulted,
>
> (ii) A description of areas examined and any problems
>
> identified, and
>
> (iii) A description of any modifications made and of any
>
> remedial steps taken.
>
> § 104.7 Designation of responsible employee and adoption of grievance
>
> procedures.
>
> (a) Designation of responsible employee. A recipient that
>
> employs fifteen or more persons shall designate at least one person to
>
> coordinate its efforts to comply with this part.
>
> (b) Adoption of grievance procedures. A recipient that
> employs
>
> fifteen or more persons shall adopt grievance procedures that incorporate
>
> appropriate due process standards and that provide for the prompt and
> equitable
>
> resolution of complaints alleging any action prohibited by this part. Such
>
> procedures need not be established with respect to complaints from
> applicants
>
> for employment or from applicants for admission to postsecondary 
> educational
>
> institutions.
>
> § 104.8 Notice.
>
> (a) A recipient that employs fifteen or more persons shall
>
> take appropriate initial and continuing steps to notify participants,
>
> beneficiaries, applicants, and employees, including those with impaired
> vision
>
> or hearing, and unions or professional organizations holding collective
>
> bargaining or professional agreements with the recipient that it does not
>
> discriminate on the basis of handicap in violation of section 504 and this
> part.
>
> The notification shall state, where appropriate, that the recipient does 
> not
>
> discriminate in admission or access to, or treatment or employment in, its
>
> program or activity. The notification shall also include an identification
> of
>
> the responsible employee designated pursuant to § 104.7(a). A recipient
> shall
>
> make the initial notification required by this paragraph within 90 days of
> the
>
> effective date of this part. Methods of initial and continuing 
> notification
> may
>
> include the posting of notices, publication in newspapers and magazines,
>
> placement of notices in recipients' publication, and distribution of
> memoranda
>
> or other written communications.
>
> (b) If a recipient publishes or uses recruitment materials
> or
>
> publications containing general information that it makes available to
>
> participants, beneficiaries, applicants, or employees, it shall include in
> those
>
> materials or publications a statement of the policy described in paragraph
> (a)
>
> of this section. A recipient may meet the requirement of this paragraph
> either
>
> by including appropriate inserts in existing materials and publications or
> by
>
> revising and reprinting the materials and publications.
>
> § 104.9 Administrative requirements for small recipients.
>
> The Assistant Secretary may require any recipient with
> fewer
>
> than fifteen employees, or any class of such recipients, to comply with §§
> 104.7
>
> and 104.8, in whole or in part, when the Assistant Secretary finds a
> violation
>
> of this part or finds that such compliance will not significantly impair 
> the
>
> ability of the recipient or class of recipients to provide benefits or
> services.
>
> § 104.10 Effect of state or local law or other requirements and effect of
>
> employment opportunities.
>
> (a) The obligation to comply with this part is not
> obviated or
>
> alleviated by the existence of any state or local law or other requirement
> that,
>
> on the basis of handicap, imposes prohibitions or limits upon the
> eligibility of
>
> qualified handicapped persons to receive services or to practice any
> occupation
>
> or profession.
>
> (b) The obligation to comply with this part is not
> obviated or
>
> alleviated because employment opportunities in any occupation or 
> profession
> are
>
> or may be more limited for handicapped persons than for nonhandicapped
> persons.
>
> Subpart B -- Employment Practices
>
> § 104.11 Discrimination prohibited.
>
> (a) General. (1) No qualified handicapped person shall, on
> the
>
> basis of handicap, be subjected to discrimination in employment under any
>
> program or activity to which this part applies.
>
> (2) A recipient that receives assistance under the
> Education
>
> of the Handicapped Act shall take positive steps to employ and advance in
>
> employment qualified handicapped persons in programs or activities 
> assisted
>
> under that Act.
>
> (3) A recipient shall make all decisions concerning
> employment
>
> under any program or activity to which this part applies in a manner which
>
> ensures that discrimination on the basis of handicap does not occur and 
> may
> not
>
> limit, segregate, or classify applicants or employees in any way that
> adversely
>
> affects their opportunities or status because of handicap.
>
> (4) A recipient may not participate in a contractual or
> other
>
> relationship that has the effect of subjecting qualified handicapped
> applicants
>
> or employees to discrimination prohibited by this subpart. The 
> relationships
>
> referred to in this paragraph include relationships with employment and
> referral
>
> agencies, with labor unions, with organizations providing or administering
>
> fringe benefits to employees of the recipient, and with organizations
> providing
>
> training and apprenticeships.
>
> (b) Specific activities. The provisions of this subpart
> apply
>
> to:
>
> (1) Recruitment, advertising, and the processing of
>
> applications for employment;
>
> (2) Hiring, upgrading, promotion, award of tenure,
> demotion,
>
> transfer, layoff, termination, right of return from layoff and rehiring;
>
> (3) Rates of pay or any other form of compensation and
> changes
>
> in compensation;
>
> (4) Job assignments, job classifications, organizational
>
> structures, position descriptions, lines of progression, and seniority
> lists;
>
> (5) Leaves of absense, sick leave, or any other leave;
>
> (6) Fringe benefits available by virtue of employment,
> whether
>
> or not administered by the recipient;
>
> (7) Selection and financial support for training,
> including
>
> apprenticeship, professional meetings, conferences, and other related
>
> activities, and selection for leaves of absence to pursue training;
>
> (8) Employer sponsored activities, including those that
> are
>
> social or recreational; and
>
> (9) Any other term, condition, or privilege of employment.
>
> (c) A recipient's obligation to comply with this subpart
> is
>
> not affected by any inconsistent term of any collective bargaining 
> agreement
> to
>
> which it is a party.
>
> § 104.12 Reasonable accommodation.
>
> (a) A recipient shall make reasonable accommodation to the
>
> known physical or mental limitations of an otherwise qualified handicapped
>
> applicant or employee unless the recipient can demonstrate that the
>
> accommodation would impose an undue hardship on the operation of its 
> program
> or
>
> activity.
>
> (b) Reasonable accommodation may include:
>
> (1) Making facilities used by employees readily accessible
> to
>
> and usable by handicapped persons, and
>
> (2) Job restructuring, part‑time or modified work
> schedules,
>
> acquisition or modification of equipment or devices, the provision of
> readers or
>
> interpreters, and other similar actions.
>
> (c) In determining pursuant to paragraph (a) of this
> section
>
> whether an accommodation would impose an undue hardship on the operation 
> of
> a
>
> recipient's program or activity, factors to be considered include:
>
> (1) The overall size of the recipient's program or
> activity
>
> with respect to number of employees, number and type of facilities, and 
> size
> of
>
> budget;
>
> (2) The type of the recipient's operation, including the
>
> composition and structure of the recipient's workforce; and
>
> (3) The nature and cost of the accommodation needed.
>
> (d) A recipient may not deny any employment opportunity to
> a
>
> qualified handicapped employee or applicant if the basis for the denial is
> the
>
> need to make reasonable accommodation to the physical or mental 
> limitations
> of
>
> the employee or applicant.
>
> § 104.13 Employment criteria.
>
> (a) A recipient may not make use of any employment test or
>
> other selection criterion that screens out or tends to screen out
> handicapped
>
> persons or any class of handicapped persons unless:
>
> (1) The test score or other selection criterion, as used
> by
>
> the recipient, is shown to be job‑related for the position in
> question, and
>
> (2) Alternative job‑related tests or criteria that
> do not
>
> screen out or tend to screen out as many handicapped persons are not shown
> by
>
> the Director to be available.
>
> (b) A recipient shall select and administer tests
> concerning
>
> employment so as best to ensure that, when administered to an applicant or
>
> employee who has a handicap that impairs sensory, manual, or speaking
> skills,
>
> the test results accurately reflect the applicant's or employee's job
> skills,
>
> aptitude, or whatever other factor the test purports to measure, rather 
> than
>
> reflecting the applicant's or employee's impaired sensory, manual, or
> speaking
>
> skills (except where those skills are the factors that the test purports 
> to
>
> measure).
>
> § 104.14 Preemployment inquiries.
>
> (a) Except as provided in paragraphs (b) and (c) of this
>
> section, a recipient may not conduct a preemployment medical examination 
> or
> may
>
> not make preemployment inquiry of an applicant as to whether the applicant
> is a
>
> handicapped person or as to the nature or severity of a handicap. A
> recipient
>
> may, however, make preemployment inquiry into an applicant's ability to
> perform
>
> job‑related functions.
>
> (b) When a recipient is taking remedial action to correct
> the
>
> effects of past discrimination pursuant to § 104.6 (a), when a recipient 
> is
>
> taking voluntary action to overcome the effects of conditions that 
> resulted
> in
>
> limited participation in its federally assisted program or activity 
> pursuant
> to
>
> § 104.6(b), or when a recipient is taking affirmative action pursuant to
> section
>
> 503 of the Act, the recipient may invite applicants for employment to
> indicate
>
> whether and to what extent they are handicapped, Provided, That:
>
> (1) The recipient states clearly on any written
> questionnaire
>
> used for this purpose or makes clear orally if no written questionnaire is
> used
>
> that the information requested is intended for use solely in connection 
> with
> its
>
> remedial action obligations or its voluntary or affirmative action 
> efforts;
> and
>
> (2) The recipient states clearly that the information is
> being
>
> requested on a voluntary basis, that it will be kept confidential as
> provided in
>
> paragraph (d) of this section, that refusal to provide it will not subject
> the
>
> applicant or employee to any adverse treatment, and that it will be used
> only in
>
> accordance with this part.
>
> (c) Nothing in this section shall prohibit a recipient
> from
>
> conditioning an offer of employment on the results of a medical 
> examination
>
> conducted prior to the employee's entrance on duty, Provided, That:
>
> (1) All entering employees are subjected to such an
>
> examination regardless of handicap, and
>
> (2) The results of such an examination are used only in
>
> accordance with the requirements of this part.
>
> (d) Information obtained in accordance with this section
> as to
>
> the medical condition or history of the applicant shall be collected and
>
> maintained on separate forms that shall be accorded confidentiality as
> medical
>
> records, except that:
>
> (1) Supervisors and managers may be informed regarding
>
> restrictions on the work or duties of handicapped persons and regarding
>
> necessary accommodations;
>
> (2) First aid and safety personnel may be informed, where
>
> appropriate, if the condition might require emergency treatment; and
>
> (3) Government officials investigating compliance with the
> Act
>
> shall be provided relevant information upon request.
>
> Subpart C--Accessibility
>
> § 104.21 Discrimination prohibited.
>
> No qualified handicapped person shall, because a
> recipient's
>
> facilities are inaccessible to or unusable by handicapped persons, be 
> denied
> the
>
> benefits of, be excluded from participation in, or otherwise be subjected 
> to
>
> discrimination under any program or activity to which this part applies.
>
> § 104.22 Existing facilities.
>
> (a) Accessibility. A recipient shall operate its program
> or
>
> activity so that when each part is viewed in its entirety, it is readily
>
> accessible to handicapped persons. This paragraph does not require a
> recipient
>
> to make each of its existing facilities or every part of a facility
> accessible
>
> to and usable by handicapped persons.
>
> (b) Methods. A recipient may comply with the requirements
> of
>
> paragraph (a) of this section through such means as redesign of equipment,
>
> reassignment of classes or other services to accessible buildings,
> assignment of
>
> aides to beneficiaries, home visits, delivery of health, welfare, or other
>
> social services at alternate accessible sites, alteration of existing
> facilities
>
> and construction of new facilities in conformance with the requirements of 
> §
>
> 104.23, or any other methods that result in making its program or activity
>
> accessible to handicapped persons. A recipient is not required to make
>
> structural changes in existing facilities where other methods are 
> effective
> in
>
> achieving compliance with paragraph (a) of this section. In choosing among
>
> available methods for meeting the requirement of paragraph (a) of this
> section,
>
> a recipient shall give priority to those methods that serve handicapped
> persons
>
> in the most integrated setting appropriate.
>
> (c) Small health, welfare, or other social service
> providers.
>
> If a recipient with fewer than fifteen employees that provides health,
> welfare,
>
> or other social services finds, after consultation with a handicapped 
> person
>
> seeking its services, that there is no method of complying with paragraph
> (a) of
>
> this section other than making a significant alteration in its existing
>
> facilities, the recipient may, as an alternative, refer the handicapped
> person
>
> to other providers of those services that are accessible.
>
> (d) Time period. A recipient shall comply with the
> requirement
>
> of paragraph (a) of this section within sixty days of the effective date 
> of
> this
>
> part except that where structural changes in facilities are necessary, 
> such
>
> changes shall be made within three years of the effective date of this 
> part,
> but
>
> in any event as expeditiously as possible.
>
> (e) Transition plan. In the event that structural changes
> to
>
> facilities are necessary to meet the requirement of paragraph (a) of this
>
> section, a recipient shall develop, within six months of the effective 
> date
> of
>
> this part, a transition plan setting forth the steps necessary to complete
> such
>
> changes. The plan shall be developed with the assistance of interested
> persons,
>
> including handicapped persons or organizations representing handicapped
> persons.
>
> A copy of the transition plan shall be made available for public 
> inspection.
> The
>
> plan shall, at a minimum:
>
> (1) Identify physical obstacles in the recipient's
> facilities
>
> that limit the accessibility of its program or activity to handicappped
> persons;
>
> (2) Describe in detail the methods that will be used to
> make
>
> the facilities accessible;
>
> (3) Specify the schedule for taking the steps necessary to
>
> achieve full accessibility in order to comply with paragraph (a) of this
> section
>
> and, if the time period of the transition plan is longer than one year,
> identify
>
> the steps of that will be taken during each year of the transition period;
> and
>
> (4) Indicate the person responsible for implementation of
> the
>
> plan.
>
> (f) Notice. The recipient shall adopt and implement
> procedures
>
> to ensure that interested persons, including persons with impaired vision 
> or
>
> hearing, can obtain information as to the existence and location of
> services,
>
> activities, and facilities that are accessible to and usuable by 
> handicapped
>
> persons.
>
> § 104.23 New construction.
>
> (a) Design and construction. Each facility or part of a
>
> facility constructed by, on behalf of, or for the use of a recipient shall
> be
>
> designed and constructed in such manner that the facility or part of the
>
> facility is readily accessible to and usable by handicapped persons, if 
> the
>
> construction was commenced after the effective date of this part.
>
> (b) Alteration. Each facility or part of a facility which
> is
>
> altered by, on behalf of, or for the use of a recipient after the 
> effective
> date
>
> of this part in a manner that affects or could affect the usability of the
>
> facility or part of the facility shall, to the maximum extent feasible, be
>
> altered in such manner that the altered portion of the facility is readily
>
> accessible to and usable by handicapped persons.
>
> (c) Conformance with Uniform Federal Accessibility
> Standards.
>
> (1) Effective as of January 18, 1991, design, construction, or alteration 
> of
>
> buildings in conformance with sections 3‑8 of the Uniform Federal
> Accessibility
>
> Standards (UFAS) (Appendix A to 41 CFR subpart 101‑19.6) shall be
> deemed to
>
> comply with the requirements of this section with respect to those
> buildings.
>
> Departures from particular technical and scoping requirements of UFAS by 
> the
> use
>
> of other methods are permitted where substantially equivalent or greater
> access
>
> to and usability of the building is provided.
>
> (2) For purposes of this section, section 4.1.6(1)(g) of
> UFAS
>
> shall be interpreted to exempt from the requirements of UFAS only 
> mechanical
>
> rooms and other spaces that, because of their intended use, will not 
> require
>
> accessibility to the public or beneficiaries or result in the employment 
> or
>
> residence therein of persons with phusical handicaps.
>
> (3) This section does not require recipients to make
> building
>
> alterations that have little likelihood of being accomplished without
> removing
>
> or altering a load‑bearing structural member.
>
> [45 FR 30936, May 9, 1980; 45 FR 37426, June 3, 1980, as amended at 55 FR
> 52138,
>
> 52141, Dec. 19, 1990]
>
> Subpart D -- Preschool, Elementary, and Secondary
> Education
>
> § 104.31 Application of this subpart.
>
> Subpart D applies to preschool, elementary, secondary, and
>
> adult education programs or activities that receive Federal financial
> assistance
>
> and to recipients that operate, or that receive Federal financial 
> assistance
> for
>
> the operation of, such programs or activities.
>
> § 104.32 Location and notification.
>
> A recipient that operates a public elementary or secondary
>
> education program or activity shall annually:
>
> (a) Undertake to identify and locate every qualified
>
> handicapped person residing in the recipient's jurisdiction who is not
> receiving
>
> a public education; and
>
> (b) Take appropriate steps to notify handicapped persons
> and
>
> their parents or guardians of the recipient's duty under this subpart.
>
> § 104.33 Free appropriate public education.
>
> (a) General. A recipient that operates a public elementary
> or
>
> secondary education program or activity shall provide a free appropriate
> public
>
> education to each qualified handicapped person who is in the recipient's
>
> jurisdiction, regardless of the nature or severity of the person's 
> handicap.
>
> (b) Appropriate education. (1) For the purpose of this
>
> subpart, the provision of an appropriate education is the provision of
> regular
>
> or special education and related aids and services that (i) are designed 
> to
> meet
>
> individual educational needs of handicapped persons as adequately as the
> needs
>
> of nonhandicapped persons are met and (ii) are based upon adherence to
>
> procedures that satisfy the requirements of §§ 104.34, 104.35, and 104.36.
>
> (2) Implementation of an Individualized Education Program
>
> developed in accordance with the Education of the Handicapped Act is one
> means
>
> of meeting the standard established in paragraph (b)(1)(i) of this 
> section.
>
> (3) A recipient may place a handicapped person or refer
> such a
>
> person for aid, benefits, or services other than those that it operates or
>
> provides as its means of carrying out the requirements of this subpart. If
> so,
>
> the recipient remains responsible for ensuring that the requirements of 
> this
>
> subpart are met with respect to any handicapped person so placed or
> referred.
>
> (c) Free education -- (1) General. For the purpose of this
>
> section, the provision of a free education is the provision of educational
> and
>
> related services without cost to the handicapped person or to his or her
> parents
>
> or guardian, except for those fees that are imposed on non-handicapped
> persons
>
> or their parents or guardian. It may consist either of the provision of 
> free
>
> services or, if a recipient places a handicapped person or refers such
> person
>
> for aid, benefits, or services not operated or provided by the recipient 
> as
> its
>
> means of carrying out the requirements of this subpart, of payment for the
> costs
>
> of the aid, benefits, or services. Funds available from any public or
> private
>
> agency may be used to meet the requirements of this subpart. Nothing in 
> this
>
> section shall be construed to relieve an insurer or similar third party 
> from
> an
>
> otherwise valid obligation to provide or pay for services provided to a
>
> handicapped person.
>
> (2) Transportation. If a recipient places a handicapped
> person
>
> or refers such person for aid, benefits, or services not operated or
> provided by
>
> the recipient as its means of carrying out the requirements of this 
> subpart,
> the
>
> recipient shall ensure that adequate transportation to and from the aid,
>
> benefits, or services is provided at no greater cost than would be 
> incurred
> by
>
> the person or his or her parents or guardian if the person were placed in
> the
>
> aid, benefits, or services operated by the recipient.
>
> (3) Residential placement. If a public or private
> residential
>
> placement is necessary to provide a free appropriate public education to a
>
> handicapped person because of his or her handicap, the placement, 
> including
>
> non‑medical care and room and board, shall be provided at no cost to
> the person
>
> or his or her parents or guardian.
>
> (4) Placement of handicapped persons by parents. If a
>
> recipient has made available, in conformance with the requirements of this
>
> section and §104.34, a free appropriate public education to a handicapped
> person
>
> and the person's parents or guardian choose to place the person in a 
> private
>
> school, the recipient is not required to pay for the person's education in
> the
>
> private school. Disagreements between a parent or guardian and a recipient
>
> regarding whether the recipient has made a free appropriate public 
> education
>
> available or otherwise regarding the question of financial responsibility
> are
>
> subject to the due process procedures of §104.36.
>
> (d) Compliance. A recipient may not exclude any qualified
>
> handicapped person from a public elementary or secondary education after 
> the
>
> effective date of this part. A recipient that is not, on the effective 
> date
> of
>
> this regulation, in full compliance with the other requirements of the
> preceding
>
> paragraphs of this section shall meet such requirements at the earliest
>
> practicable time and in no event later than September 1, 1978.
>
> § 104.34 Educational setting.
>
> (a) Academic setting. A recipient to which this subpart
>
> applies shall educate, or shall provide for the education of, each 
> qualified
>
> handicapped person in its jurisdiction with persons who are not 
> handicapped
> to
>
> the maximum extent appropriate to the needs of the handicapped person. A
>
> recipient shall place a handicapped person in the regular educational
>
> environment operated by the recipient unless it is demonstrated by the
> recipient
>
> that the education of the person in the regular environment with the use 
> of
>
> supplementary aids and services cannot be achieved satisfactorily. 
> Whenever
> a
>
> recipient places a person in a setting other than the regular educational
>
> environment pursuant to this paragraph, it shall take into account the
> proximity
>
> of the alternate setting to the person's home.
>
> (b) Nonacademic settings. In providing or arranging for
> the
>
> provision of nonacademic and extracurricular services and activities,
> including
>
> meals, recess periods, and the services and activities set forth in §
>
> 104.37(a)(2), a recipient shall ensure that handicapped persons 
> participate
> with
>
> nonhandicapped persons in such activities and services to the maximum 
> extent
>
> appropriate to the needs of the handicapped person in question.
>
> (c) Comparable facilities. If a recipient, in compliance
> with
>
> paragraph (a) of this section, operates a facility that is identifiable as
> being
>
> for handicapped persons, the recipient shall ensure that the facility and
> the
>
> services and activities provided therein are comparable to the other
> facilities,
>
> services, and activities of the recipient.
>
> § 104.35 Evaluation and placement.
>
> (a) Preplacement evaluation. A recipient that operates a
>
> public elementary or secondary education program or activity shall conduct
> an
>
> evaluation in accordance with the requirements of paragraph (b) of this
> section
>
> of any person who, because of handicap, needs or is belived to need 
> special
>
> education or related services before taking any action with respect to the
>
> initial placement of the person in regular or special education and any
>
> subsequent significant change in placement.
>
> (b) Evaluation procedures. A recipient to which this
> subpart
>
> applies shall establish standards and procedures for the evaluation and
>
> placement of persons who, because of handicap, need or are believed to 
> need
>
> special education or related services which ensure that:
>
> (1) Tests and other evaluation materials have been
> validated
>
> for the specific purpose for which they are used and are administered by
> trained
>
> personnel in conformance with the instructions provided by their producer;
>
> (2) Tests and other evaluation materials include those
>
> tailored to assess specific areas of educational need and not merely those
> which
>
> are designed to provide a single general intelligence quotient; and
>
> (3) Tests are selected and administered so as best to
> ensure
>
> that, when a test is administered to a student with impaired sensory,
> manual, or
>
> speaking skills, the test results accurately reflect the student's 
> aptitude
> or
>
> achievement level or whatever other factor the test purports to measure,
> rather
>
> than reflecting the student's impaired sensory, manual, or speaking skills
>
> (except where those skills are the factors that the test purports to
> measure).
>
> (c) Placement procedures. In interpreting evaluation data
> and
>
> in making placement decisions, a recipient shall (1) draw upon information
> from
>
> a variety of sources, including aptitude and achievement tests, teacher
>
> recommendations, physical condition, social or cultural background, and
> adaptive
>
> behavior, (2) establish procedures to ensure that information obtained 
> from
> all
>
> such sources is documented and carefully considered, (3) ensure that the
>
> placement decision is made by a group of persons, including persons
>
> knowledgeable about the child, the meaning of the evaluation data, and the
>
> placement options, and (4) ensure that the placement decision is made in
>
> conformity with §104.34.
>
> (d) Reevaluation. A recipient to which this section
> applies
>
> shall establish procedures, in accordance with paragraph (b) of this
> section,
>
> for periodic reevaluation of students who have been provided special
> education
>
> and related services. A reevaluation procedure consistent with the 
> Education
> for
>
> the Handicapped Act is one means of meeting this requirement.
>
> § 104.36 Procedural safeguards.
>
> A recipient that operates a public elementary or secondary
>
> education program or activity shall establish and implement, with respect 
> to
>
> actions regarding the identification, evaluation, or educational placement
> of
>
> persons who, because of handicap, need or are believed to need special
>
> instruction or related services, a system of procedural safeguards that
> includes
>
> notice, an opportunity for the parents or guardian of the person to 
> examine
>
> relevant records, an impartial hearing with opportunity for participation 
> by
> the
>
> person's parents or guardian and representation by counsel, and a review
>
> procedure. Compliance with the procedural safeguards of section 615 of the
>
> Education of the Handicapped Act is one means of meeting this requirement.
>
> § 104.37 Nonacademic services.
>
> (a) General. (1) A recipient to which this subpart applies
>
> shall provide non‑academic and extracurricular services and 
> activities
> in such
>
> manner as is necessary to afford handicapped students an equal opportunity
> for
>
> participation in such services and activities.
>
> (2) Nonacademic and extracurricular services and
> activities
>
> may include counseling services, physical recreational athletics,
>
> transportation, health services, recreational activities, special interest
>
> groups or clubs sponsored by the recipients, referrals to agencies which
> provide
>
> assistance to handicapped persons, and employment of students, including
> both
>
> employment by the recipient and assistance in making available outside
>
> employment.
>
> (b) Counseling services. A recipient to which this subpart
>
> applies that provides personal, academic, or vocational counseling,
> guidance, or
>
> placement services to its students shall provide these services without
>
> discrimination on the basis of handicap. The recipient shall ensure that
>
> qualified handicapped students are not counseled toward more restrictive
> career
>
> objectives than are nonhandicapped students with similar interests and
>
> abilities.
>
> (c) Physical education and athletics. (1) In providing
>
> physical education courses and athletics and similar aid, benefits, or
> services
>
> to any of its students, a recipient to which this subpart applies may not
>
> discriminate on the basis of handicap. A recipient that offers physical
>
> education courses or that operates or sponsors interscholastic, club, or
>
> intramural athletics shall provide to qualified handicapped students an
> equal
>
> opportunity for participation.
>
> (2) A recipient may offer to handicapped students physical
>
> education and athletic activities that are separate or different from 
> those
>
> offered to nonhandicapped students only if separation or differentiation 
> is
>
> consistent with the requirements of §104.34 and only if no qualified
> handicapped
>
> student is denied the opportunity to compete for teams or to participate 
> in
>
> courses that are not separate or different.
>
> § 104.38 Preschool and adult education.
>
> A recipient to which this subpart applies that provides
>
> preschool education or day care or adult education may not, on the basis 
> of
>
> handicap, exclude qualified handicapped persons and shall take into 
> account
> the
>
> needs of such persons in determining the aid, benefits, or services to be
>
> provided.
>
> § 104.39 Private education.
>
> (a) A recipient that provides private elementary or
> secondary
>
> education may not, on the basis of handicap, exclude a qualified 
> handicapped
>
> person if the person can, with minor adjustments, be provided an 
> appropriate
>
> education, as defined in §104.33(b)(1), within that recipient's program or
>
> activity.
>
> (b) A recipient to which this section applies may not
> charge
>
> more for the provision of an appropriate education to handicapped persons
> than
>
> to nonhandicapped persons except to the extent that any additional charge 
> is
>
> justified by a substantial increase in cost to the recipient.
>
> (c) A recipient to which this section applies that
> provides
>
> special education shall do so in accordance with the provisions of §§ 
> 104.35
> and
>
> 104.36. Each recipient to which this section applies is subject to the
>
> provisions of §§ 104.34, 104.37, and 104.38.
>
> Subpart E -- Postsecondary Education
>
> § 104.41 Application of this subpart.
>
> Subpart E applies to postsecondary education programs or
>
> activities, including postsecondary vocational education programs or
> activities,
>
> that receive Federal financial assistance and to recipients that operate, 
> or
>
> that receive Federal financial assistance for the operation of, such
> programs or
>
> activities.
>
> § 104.42 Admissions and recruitment.
>
> (a) General. Qualified handicapped persons may not, on the
>
> basis of handicap, be denied admission or be subjected to discrimination 
> in
>
> admission or recruitment by a recipient to which this subpart applies.
>
> (b) Admissions. In administering its admission policies, a
>
> recipient to which this subpart applies:
>
> (1) May not apply limitations upon the number or
> proportion of
>
> handicapped persons who may be admitted;
>
> (2) May not make use of any test or criterion for
> admission
>
> that has a disproportionate, adverse effect on handicapped persons or any
> class
>
> of handicapped persons unless (i) the test or criterion, as used by the
>
> recipient, has been validated as a predictor of success in the education
> program
>
> or activity in question and (ii) alternate tests or criteria that have a
> less
>
> disproportionate, adverse effect are not shown by the Assistant Secretary 
> to
> be
>
> available.
>
> (3) Shall assure itself that (i) admissions tests are
> selected
>
> and administered so as best to ensure that, when a test is administered to
> an
>
> applicant who has a handicap that impairs sensory, manual, or speaking
> skills,
>
> the test results accurately reflect the applicant's aptitude or 
> achievement
>
> level or whatever other factor the test purports to measure, rather than
>
> reflecting the applicant's impaired sensory, manual, or speaking skills
> (except
>
> where those skills are the factors that the test purports to measure); 
> (ii)
>
> admissions tests that are designed for persons with impaired sensory,
> manual, or
>
> speaking skills are offered as often and in as timely a manner as are 
> other
>
> admissions tests; and (iii) admissions tests are administered in 
> facilities
>
> that, on the whole, are accessible to handicapped persons; and
>
> (4) Except as provided in paragraph (c) of this section,
> may
>
> not make preadmission inquiry as to whether an applicant for admission is 
> a
>
> handicapped person but, after admission, may make inquiries on a
> confidential
>
> basis as to handicaps that may require accommodation.
>
> (c) Preadmission inquiry exception. When a recipient is
> taking
>
> remedial action to correct the effects of past discrimination pursuant to
>
> §104.6(a) or when a recipient is taking voluntary action to overcome the
> effects
>
> of conditions that resulted in limited participation in its federally
> assisted
>
> program or activity pursuant to §104.6(b), the recipient may invite
> applicants
>
> for admission to indicate whether and to what extent they are handicapped,
>
> Provided, That:
>
> (1) The recipient states clearly on any written
> questionnaire
>
> used for this purpose or makes clear orally if no written questionnaire is
> used
>
> that the information requested is intended for use solely in connection 
> with
> its
>
> remedial action obligations or its voluntary action efforts; and
>
> (2) The recipient states clearly that the information is
> being
>
> requested on a voluntary basis, that it will be kept confidential, that
> refusal
>
> to provide it will not subject the applicant to any adverse treatment, and
> that
>
> it will be used only in accordance with this part.
>
> (d) Validity studies. For the purpose of paragraph (b)(2)
> of
>
> this section, a recipient may base prediction equations on first year
> grades,
>
> but shall conduct periodic validity studies against the criterion of 
> overall
>
> success in the education program or activity in question in order to 
> monitor
> the
>
> general validity of the test scores.
>
> § 104.43 Treatment of students; general.
>
> (a) No qualified handicapped student shall, on the basis
> of
>
> handicap, be excluded from participation in, be denied the benefits of, or
>
> otherwise be subjected to discrimination under any academic, research,
>
> occupational training, housing, health insurance, counseling, financial 
> aid,
>
> physical education, athletics, recreation, transportation, other
>
> extracurricular, or other postsecondary education aid, benefits, or 
> services
> to
>
> which this subpart applies.
>
> (b) A recipient to which this subpart applies that
> considers
>
> participation by students in education programs or activities not operated
>
> wholly by the recipient as part of, or equivalent to, and education 
> program
> or
>
> activity operated by the recipient shall assure itself that the other
> education
>
> program or activity, as a whole, provides an equal opportunity for the
>
> participation of qualified handicapped persons.
>
> (c) A recipient to which this subpart applies may not, on
> the
>
> basis of handicap, exclude any qualified handicapped student from any
> course,
>
> course of study, or other part of its education program or activity.
>
> (d) A recipient to which this subpart applies shall
> operate
>
> its program or activity in the most integrated setting appropriate.
>
> § 104.44 Academic adjustments.
>
> (a) Academic requirements. A recipient to which this
> subpart
>
> applies shall make such modifications to its academic requirements as are
>
> necessary to ensure that such requirements do not discriminate or have the
>
> effect of discriminating, on the basis of handicap, against a qualified
>
> handicapped applicant or student. Academic requirements that the recipient
> can
>
> demonstrate are essential to the instruction being pursued by such student
> or to
>
> any directly related licensing requirement will not be regarded as
>
> discriminatory within the meaning of this section. Modifications may 
> include
>
> changes in the length of time permitted for the completion of degree
>
> requirements, substitution of specific courses required for the completion
> of
>
> degree requirements, and adaptation of the manner in which specific 
> courses
> are
>
> conducted.
>
> (b) Other rules. A recipient to which this subpart applies
> may
>
> not impose upon handicapped students other rules, such as the prohibition 
> of
>
> tape recorders in classrooms or of dog guides in campus buildings, that 
> have
> the
>
> effect of limiting the participation of handicapped students in the
> recipient's
>
> education program or activity.
>
> (c) Course examinations. In its course examinations or
> other
>
> procedures for evaluating students' academic achievement, a recipient to
> which
>
> this subpart applies shall provide such methods for evaluating the
> achievement
>
> of students who have a handicap that impairs sensory, manual, or speaking
> skills
>
> as will best ensure that the results of the evaluation represents the
> student's
>
> achievement in the course, rather than reflecting the student's impaired
>
> sensory, manual, or speaking skills (except where such skills are the
> factors
>
> that the test purports to measure).
>
> (d) Auxiliary aids. (1) A recipient to which this subpart
>
> applies shall take such steps as are necessary to ensure that no 
> handicapped
>
> student is denied the benefits of, excluded from participation in, or
> otherwise
>
> subjected to discrimination because of the absence of educational 
> auxiliary
> aids
>
> for students with impaired sensory, manual, or speaking skills.
>
> (2) Auxiliary aids may include taped texts, interpreters
> or
>
> other effective methods of making orally delivered materials available to
>
> students with hearing impairments, readers in libraries for students with
> visual
>
> impairments, classroom equipment adapted for use by students with manual
>
> impairments, and other similar services and actions. Recipients need not
> provide
>
> attendants, individually prescribed devices, readers for personal use or
> study,
>
> or other devices or services of a personal nature.
>
> § 104.45 Housing.
>
> (a) Housing provided by the recipient. A recipient that
>
> provides housing to its nonhandicapped students shall provide comparable,
>
> convenient, and accessible housing to handicapped students at the same 
> cost
> as
>
> to others. At the end of the transition period provided for in subpart C,
> such
>
> housing shall be available in sufficient quantity and variety so that the
> scope
>
> of handicapped students' choice of living accommodations is, as a whole,
>
> comparable to that of nonhandicapped students.
>
> (b) Other housing. A recipient that assists any agency,
>
> organization, or person in making housing available to any of its students
> shall
>
> take such action as may be necessary to assure itself that such housing 
> is,
> as a
>
> whole, made available in a manner that does not result in discrimination 
> on
> the
>
> basis of handicap.
>
> § 104.46 Financial and employment assistance to students.
>
> (a) Provision of financial assistance. (1) In providing
>
> financial assistance to qualified handicapped persons, a recipient to 
> which
> this
>
> subpart applies may not,
>
> (i) On the basis of handicap, provide less assistance than
> is
>
> provided to nonhandicapped persons, limit eligibility for assistance, or
>
> otherwise discriminate or
>
> (ii) Assist any entity or person that provides assistance
> to
>
> any of the recipient's students in a manner that discriminates against
> qualified
>
> handicapped persons on the basis of handicap.
>
> (2) A recipient may administer or assist in the
> administration
>
> of scholarships, fellowships, or other forms of financial assistance
> established
>
> under wills, trusts, bequests, or similar legal instruments that require
> awards
>
> to be made on the basis of factors that discriminate or have the effect of
>
> discriminating on the basis of handicap only if the overall effect of the
> award
>
> of scholarships, fellowships, and other forms of financial assistance is 
> not
>
> discriminatory on the basis of handicap.
>
> (b) Assistance in making available outside employment. A
>
> recipient that assists any agency, organization, or person in providing
>
> employment opportunities to any of its students shall assure itself that
> such
>
> employment opportunities, as a whole, are made available in a manner that
> would
>
> not violate subpart B if they were provided by the recipient.
>
> (c) Employment of students by recipients. A recipient that
>
> employs any of its students may not do so in a manner that violates 
> subpart
> B.
>
> § 104.47 Nonacademic services.
>
> (a) Physical education and athletics. (1) In providing
>
> physical education courses and athletics and similar aid, benefits, or
> services
>
> to any of its students, a recipient to which this subpart applies may not
>
> disacriminate on the basis of handicap. A recipient that offers physical
>
> education courses or that operates or sponsors intercollegiate, club, or
>
> intramural athletics shall provide to qualified handicapped students an
> equal
>
> opportunity for participation in these activities.
>
> (2) A recipient may offer to handicapped students physical
>
> education and athletic activities that are separate or different only if
>
> separation or differentiation is consistent with the requirements of
> §104.43(d)
>
> and only if no qualified handicapped student is denied the opportunity to
>
> compete for teams or to participate in courses that are not separate or
>
> different.
>
> (b) Counseling and placement services. A recipient to
> which
>
> this subpart applies that provides personal, academic, or vocational
> counseling,
>
> guidance, or placement services to its students shall provide these 
> services
>
> without discrimination on the basis of handicap. The recipient shall 
> ensure
> that
>
> qualified handicapped students are not counseled toward more restrictive
> career
>
> objectives than are nonhandicapped students with similar interests and
>
> abilities. This requirement does not preclude a recipient from providing
> factual
>
> information about licensing and certification requirements that may 
> present
>
> obstacles to handicapped persons in their pursuit of particular careers.
>
> (c) Social organizations. A recipient that provides
>
> significant assistance to fraternities, sororities, or similar 
> organizations
>
> shall assure itself that the membership practices of such organizations do
> not
>
> permit discrimination otherwise prohibited by this subpart.
>
> Subpart F -- Health, Welfare, and Social Services
>
> § 104.51 Application of this subpart.
>
> Subpart F applies to health, welfare, and other social
> service
>
> programs or activities that receive Federal financial assistance and to
>
> recipients that operate, or that receive Federal financial assistance for
> the
>
> operation of, such programs or activities.
>
> § 104.52 Health, welfare, and other social services.
>
> (a) General. In providing health, welfare, or other social
>
> services or benefits, a recipient may not, on the basis of handicap:
>
> (1) Deny a qualified handicapped person these benefits or
>
> services;
>
> (2) Afford a qualified handicapped person an opportunity
> to
>
> receive benefits or services that is not equal to that offered
> nonhandicapped
>
> persons;
>
> (3) Provide a qualified handicapped person with benefits
> or
>
> services that are not as effective (as defined in §104.4(b)) as the 
> benefits
> or
>
> services provided to others;
>
> (4) Provide benefits or services in a manner that limits
> or
>
> has the effect of limiting the participation of qualified handicapped
> persons;
>
> or
>
> (5) Provide different or separate benefits or services to
>
> handicapped persons except where necessary to provide qualified 
> handicapped
>
> persons with benefits and services that are as effective as those provided
> to
>
> others.
>
> (b) Notice. A recipient that provides notice concerning
>
> benefits or services or written material concerning waivers of rights or
> consent
>
> to treatment shall take such steps as are necessary to ensure that 
> qualified
>
> handicapped persons, including those with impaired sensory or speaking
> skills,
>
> are not denied effective notice because of their handicap.
>
> (c) Emergency treatment for the hearing impaired. A
> recipient
>
> hospital that provides health services or benefits shall establish a
> procedure
>
> for effective communication with persons with impaired hearing for the
> purpose
>
> of providing emergency health care.
>
> (d) Auxiliary aids. (1) A recipient to which this subpart
>
> applies that employs fifteen or more persons shall provide appropriate
> auxiliary
>
> aids to persons with impaired sensory, manual, or speaking skills, where
>
> necessary to afford such persons an equal opportunity to benefit from the
>
> service in question.
>
> (2) The Assistant Secretary may require recipients with
> fewer
>
> than fifteen employees to provide auxiliary aids where the provision of 
> aids
>
> would not significantly impair the ability of the recipient to provide its
>
> benefits or services.
>
> (3) For the purpose of this paragraph, auxiliary aids may
>
> include brailled and taped material, interpreters, and other aids for
> persons
>
> with impaired hearing or vision.
>
> § 104.53 Drug and alcohol addicts.
>
> A recipient to which this subpart applies that operates a
>
> general hospital or outpatient facility may not discriminate in admission 
> or
>
> treatment against a drug or alcohol abuser or alcoholic who is suffering
> from a
>
> medical condition, because of the person's drug or alcohol abuse or
> alcoholism.
>
> § 104.54 Education of institutionalized persons.
>
> A recipient to which this subpart applies and that
> operates or
>
> supervises a program or activity that provides aid, benefits or services 
> for
>
> persons who are institutionalized because of handicap shall ensure that 
> each
>
> qualified handicapped person, as defined in §104.3(k)(2), in its program 
> or
>
> activity is provided an appropriate education, as defined in §104.33(b).
> Nothing
>
> in this section shall be interpreted as altering in any way the 
> obligations
> of
>
> recipients under subpart D.
>
> Subpart G -- Procedures
>
> § 104.61 Procedures.
>
> The procedural provisions applicable to title VI of the
> Civil
>
> Rights Act of 1964 apply to this part. These procedures are found in §§
>
> 100.6‑100.10 and part 101 of this title.
>
>
>
> [Know Your Rights] [Prevention] [Civil Rights Data] [About OCR] [Reading
> Room]
>
> [Related Links]
>
> This page last modified November 29, 2000 (ts)
>
> ----- Original Message ----- 
> From: "Elizabeth" <lizmohnke at hotmail.com>
> To: <nfbmi-talk at nfbnet.org>
> Sent: Tuesday, May 04, 2010 8:27 PM
> Subject: Re: [nfbmi-talk] they are still jawboning about role of 
> commission
> now?
>
>
> >
> > Hello Joe,
> >
> > Many of us on the list are aware of the things that have been discussed 
> > at
> > the Michigan Commission for the Blind board meetings over the past few
> > years. Furthermore, the minutes of these board meetings can easily be
> > found on the Michigan Commission for the Blind website for anyone to 
> > read.
> > I ask that you please keep this in mind when posting to the list.
> >
> > Thanks,
> > Elizabeth
> >
> >> From: joeharcz at comcast.net
> >> To: nfbmi-talk at nfbnet.org
> >> Date: Tue, 4 May 2010 18:07:36 -0400
> >> Subject: [nfbmi-talk] they are still jawboning about role of commission
> >> now?
> >>
> >> http://www.michigan.gov/dleg/0,1607,7-154-28077_28313-205402--,00.html
> >>
> >> SEPTEMBER 18, 2008
> >>
> >> VICTOR BUILDING
> >>
> >> LANSING, MICHIGAN
> >>
> >>
> >>
> >> RETREAT MINUTES
> >>
> >>
> >>
> >> COMMISSIONERS PRESENT
> >>
> >> Ms. Jo Ann Pilarski, Chair
> >>
> >> Ms. Velma Allen, Vice-Chair
> >>
> >> Ms. Margaret Wolfe
> >>
> >> Mr. Mark Eagle
> >>
> >> Ms. Geri Taeckens
> >>
> >>
> >>
> >> COMMISSIONERS ABSENT
> >>
> >> None
> >>
> >>
> >>
> >> MICHIGAN COMMISSION FOR THE BLIND (MCB) STAFF PRESENT
> >>
> >> Mr. Patrick Cannon
> >>
> >> Ms. Sue Luzenski
> >>
> >> Mr. Leamon Jones
> >>
> >> Ms. Sherri Heibeck
> >>
> >>
> >>
> >> GUESTS/ATTENDEES
> >>
> >> Mr. Terry Eagle
> >>
> >> Mr. Raymond Roberson
> >>
> >>
> >>
> >> Committee of the whole called to order at 2:20 p.m.
> >>
> >>
> >>
> >> Training on Role and Representation of Commissioners
> >>
> >>
> >>
> >> Commissioner Allen opened the meeting speaking about a training module
> >> that her and Director Cannon had taken part of during the NCSAB
> >> conference in April
> >>
> >> 2008. The training module focused on the role and representation of
> >> commissioners, clarifying the roles and relationships between the
> >> commissioners and
> >>
> >> the administration in relation to directing the Director, not dictating
> >> or micro-managing. Commissioner Allen looked into presenting the 
> >> training
> >> module
> >>
> >> at the retreat but a more in-depth look into accessing it and the 
> >> length
> >> needs to be done by staff. Sue Luzenski will circulate a document that
> >> was prepared
> >>
> >> called Communications Protocol that may address some of these 
> >> questions.
> >>
> >>
> >>
> >> Dialogue moved into talking about the Director's objectives and how the
> >> Commissioners have taken a more active role than in the past. Director
> >> Cannon stated
> >>
> >> that the MCB Director is not only accountable to the Commissioners but
> >> also reports to Deputy Director Levin in DLEG and is held accountable 
> >> by
> >> that office.
> >>
> >> Director Cannon stated that the Action Plan is a useful management tool
> >> which states clearly the goals and progress of staff. The plan contains
> >> many objectives
> >>
> >> related to the Director's evaluation.
> >>
> >>
> >>
> >> P.A. 260
> >>
> >>
> >>
> >> Chair Pilarski asked Commissioners to come forward with any issues or
> >> thoughts regarding PA 260. The law is still relevant today though 
> >> current
> >> practices
> >>
> >> may be different in some instances than which is stated in the 1978
> >> statute. Commissioner Taeckens brought up concerns regarding section
> >> 393.356, Education
> >>
> >> of Blind Youth. Commissioner Taeckens conducted a training program at
> >> Camp Tuhsmeheta this summer and notes that, in her view, the children
> >> were lacking
> >>
> >> in skills of independence. She asked what the Commission is doing to
> >> address the issue of educating blind kids. Leamon Jones spoke regarding
> >> the role the
> >>
> >> Commission plays in making sure that all MCB does is in compliance with
> >> special education limits. MCB currently has an MOU between MCB, DLEG 
> >> and
> >> the Department
> >>
> >> of Education and MCB has made summer transition programs a focus. 
> >> Further
> >> discussion centered around what the commission can do to begin 
> >> educating
> >> youth
> >>
> >> earlier, communicating what services are currently available for blind
> >> youth age 14 and older, exposing blind youth to the tools necessary to
> >> help them
> >>
> >> be successful into adulthood both socially and economically, 
> >> determining
> >> how much Braille teaching time is necessary to become proficient, 
> >> having
> >> Braille
> >>
> >> and sign language be part of the Special Education Teacher curriculum
> >> during college, combating the notion of low expectations for blind and
> >> visually impaired
> >>
> >> youth, advocate groups that are currently formed to prioritize and
> >> address these issues and focusing on educating parents to advocate for
> >> their blind youth.
> >>
> >> The end result of this discussion was to have 1 or 2 of these advocate
> >> groups at a future commissioner meeting to discuss these priorities. It
> >> was suggested
> >>
> >> that a paper be put together regarding guiding principles for educating
> >> blind youth for topics of discussion to the Superintendent of public
> >> education.
> >>
> >>
> >>
> >> Bylaws
> >>
> >>
> >>
> >> Commissioner Eagle brought raised the point that portions of the
> >> Commissioner bylaws are outdated and need to be revised. Discussion
> >> included creating a
> >>
> >> 1 - 2 person sub-committee to review the bylaws, bring any
> >> recommendations to the Board at a future commission meeting and 
> >> consider
> >> proposals to changes
> >>
> >> in the bylaws. Chair Pilarski indicated topics to be looked at: purpose
> >> of the board, role as liaison to MCB committees and definition of a
> >> consumer. Other
> >>
> >> items discussed was whether or not the vice-chair needs to be 
> >> re-elected
> >> each year; an informal poll concluded that the commissioners do want to
> >> re-elect
> >>
> >> the vice-chair each year.
> >>
> >>
> >>
> >> Chair Pilarski stated that she has received inquiries from BEP 
> >> Operators
> >> regarding the role of Commissioners and BEP. Sherri Heibeck clarified 
> >> who
> >> is the
> >>
> >> responsible authority of the BEP program. The Board's role is to have 
> >> the
> >> final say on ALJ decisions and BEP policies. Legal action beyond the
> >> agency goes
> >>
> >> to Federal arbitration and then civil court.
> >>
> >>
> >>
> >> Board Meeting Structure
> >>
> >>
> >>
> >> Chair Pilarski raised the issue of public comment at recent commission
> >> meetings and the confrontational tone demonstrated by some individuals.
> >> There was
> >>
> >> further discussion on how to provide ample time for public comment and
> >> consumer involvement and still maintain orderly and respectful
> >> communications. Ms.
> >>
> >> Heibeck stated there are rules for conduct on any owned or leased state
> >> property and the DMB Policy for conduct on state property can be
> >> forwarded to the
> >>
> >> Commissioners for their review.
> >>
> >>
> >>
> >> Another question was posed as to the number of meetings MCB has. 
> >> Director
> >> Cannon spoke to the Rehab Act and how it states that there must be at
> >> least 4
> >>
> >> meetings a year. The state has mandated a cut in meetings in response 
> >> to
> >> the budget situation. Director Cannon noted that although regular
> >> meetings have
> >>
> >> been reduced to once every 3 months, the Chair can call a special 
> >> meeting
> >> if an urgent issue arises which cannot wait until the next scheduled
> >> meeting.
> >>
> >>
> >>
> >> Another issue is the meeting not moving around the state allowing the
> >> exposure to all consumers throughout the state. Commissioner Taeckens
> >> suggested having
> >>
> >> a common meeting place where consumers can congregate to participate as 
> >> a
> >> large group by phone or go to a library to share audio streaming
> >> capabilities
> >>
> >> during a commission meeting. There was also discussion about conducting
> >> all of the meetings in Lansing as opposed to holding some meetings in
> >> different
> >>
> >> parts of the state as had been done in the past. It was agreed that
> >> consideration should be given to holding one meeting next year in the
> >> northern part
> >>
> >> of the state, perhaps Marquette in the fall.
> >>
> >>
> >>
> >> Public Comment
> >>
> >>
> >>
> >> Terry Eagle:
> >>
> >>
> >>
> >> Mr. Eagle stated there is an issue with correspondence between people 
> >> who
> >> write to the board but get a response from Director Cannon. He stated 
> >> the
> >> board
> >>
> >> should be united, talking amongst themselves and coming up with a
> >> response, not push this off on an administrator. There should be a duty
> >> to respond to
> >>
> >> them directly as a board.
> >>
> >>
> >>
> >> Mr. Eagle commented when MCB started there was 11 meetings with two 15
> >> minute public comment sections, then meetings were reduced to 6 and now
> >> to 4 a year.
> >>
> >> Mr. Eagle agreed with putting a timer on public comment, other 
> >> solutions
> >> could be a sign up sheet, issues spoken of being specific to agenda
> >> items, public
> >>
> >> comment held before lunch and then again at the end of the meeting.
> >>
> >>
> >>
> >> Ray Roberson
> >>
> >>
> >>
> >> Mr. Roberson stated that there is insufficient time for public comment 
> >> at
> >> commission meeting. How will the commission know what problems the 
> >> public
> >> is facing
> >>
> >> if you don't hear from consumers? If there are problems and issues how
> >> will the board know if they don't give consumers a chance to speak
> >> directly to the
> >>
> >> board?
> >>
> >>
> >>
> >> Adjourned: 5:18
> >>
> >>
> >>
> >> ______________________________
> >> _______________________________________________
> >> nfbmi-talk mailing list
> >> nfbmi-talk at nfbnet.org
> >> http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> >> To unsubscribe, change your list options or get your account info for
> >> nfbmi-talk:
> >> http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/lizmohnke%40hotmail.com
> >
> > _________________________________________________________________
> > The New Busy is not the old busy. Search, chat and e-mail from your 
> > inbox.
> > http://www.windowslive.com/campaign/thenewbusy?ocid=PID28326::T:WLMTAGL:ON:WL:en-US:WM_HMP:042010_3
> > _______________________________________________
> > nfbmi-talk mailing list
> > nfbmi-talk at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> > To unsubscribe, change your list options or get your account info for
> > nfbmi-talk:
> > http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/lizmohnke%40hotmail.com


_________________________________________________________________
The New Busy is not the old busy. Search, chat and e-mail from your inbox.
http://www.windowslive.com/campaign/thenewbusy?ocid=PID28326::T:WLMTAGL:ON:WL:en-US:WM_HMP:042010_3
_______________________________________________
nfbmi-talk mailing list
nfbmi-talk at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
To unsubscribe, change your list options or get your account info for 
nfbmi-talk:
http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net