(a) Purpose. A recipient shall operate each program or activity to
which this part applies so that the program or activity, when viewed in
its entirety, is readily accessible to qualified handicapped
individuals. 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 qualified handicapped individuals. However, if a particular
program is available in only one location, that site must be made
accessible or the program must be made available at an alternative
accessible site or sites. Program accessibility requires nonpersonal
aids to make the program accessible to mobility impaired persons.
Reasonable accommodations, as defined in Sec. 32.3, are required for
particular handicapped individuals in response to the specific
limitations of their handicaps.
(b) Scope and application. (1) For the purpose of this subpart,
prime sponsors under the Comprehensive Employment and Training Act and
any other individual or organization which receives a grant directly
from the Department to establish or operate any program or activity
shall assure that the program or activity, including Public Service
Employment, Work Experience, Classroom Training and On-the-Job-Training,
when viewed in its entirety, is readily accessible to qualified
handicapped individuals.
(2) Job Corps. All agencies, grantees, or contractors which screen
or recruit applicants for the Job Corps shall comply with the
nondiscrimination provisions of this part. Each regional office of the
Department of Labor's Employment and Training Administration which makes
the decision on the assignment of a Job Corps applicant to a particular
center may, where it finds, after consultation with the qualified
handicapped person seeking Job Corps services, that there is no method
of complying with Sec. 32.27(a) at a particular Job Corps Center, other
than by making a significant alteration in its
existing facilities or in its training programs, assign that individual
to another Job Corps Center which is accessible in accordance with this
section and which is offering comparable training. The Job Corps, and
each regional office of the Employment and Training Administration,
shall assure that the Job Corps Program, when viewed in its entirety, is
readily accessible to qualified handicapped individuals and that all
future construction, including improvements to existing Centers, be made
accessible to the handicapped.
(3) If a small recipient finds, after consultation with a qualified
handicapped person seeking its services, that there is no method of
complying with Sec. 32.27(a) other than making a significant alteration
in its existing facilities or facility the recipient may, as an
alternative, refer the qualified handicapped person to other providers
of those services that are accessible.
(c) Methods. A recipient may comply with the requirement of
Sec. 32.27(a) 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 services at alternate
accessible sites, alteration of existing facilities and construction of
new facilities in conformance with the requirements of Sec. 32.28, or
any other method that results in making its program or activity
accessible to handicapped individuals. A recipient is not required to
make structural changes in existing facilities where other methods are
effective in achieving compliance with Sec. 32.27(a). In choosing among
available methods for meeting the requirement of Sec. 32.27(a), a
recipient shall give priority to those methods that offer programs and
activities to handicapped persons in the most integrated setting
appropriate.
(d) Time period. A recipient shall comply with the requirements of
Sec. 32.27(a) within 60 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 even as expeditiously as possible.
(e) Transition plan. In the event that structural changes to
facilities are necessary to meet the requirement of Sec. 32.27(a), 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 qualified handicapped individuals. 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 qualified
handicapped individuals;
(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 program accessibility and, if the time period of the transition
plan is longer than one year, identify steps 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 usable
by qualified handicapped individuals.
