(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 of 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 individuals who would have been
participants in the program had the discrimination not occurred; and
(ii) With respect to handicapped persons who are no longer
participants in the recipient's program but who were participants in the
program when the discrimination occurred; and
(iii) With respect to employees and applicants for employment.
(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 individuals.
(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 who are
selected by the recipient, including handicapped individuals or
organizations representing handicapped individuals, 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 who are
selected by the recipient, including handicapped individuals or
organizations representing handicapped individuals, any policies and
practices that do not meet the requirements of this part; and
(iii) Take, after consultation with interested persons who are
selected by the recipient, including handicapped individuals or
organizations representing handicapped individuals, appropriate remedial
steps to eliminate the effects of any discrimination that resulted from
adherence to these policies and practices.
(2) A recipient, other than a small recipient, 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.
