**§18.442 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.

\(b\) *Admission.* In administering its admission policies, a recipient:

\(1\) May not apply limitations on the number or proportion of
handicapped persons who may be admitted;

\(2\) May not use 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 Secretary to be available;

\(3\) Shall assure itself that:

\(i\) Admissions tests are selected and administered to best 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 factors the test purports to measure, rather than reflect
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 inquiries as to whether an applicant for admission is a
handicapped person. After admission, the recipient may inquire 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 under
§18.406(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 under §18.406(b), the recipient
may invite applicants for admission to indicate whether and to what
extent they are handicapped.

\(1\) The recipient shall state clearly on any written questionnaire
used for this purpose or make 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 shall state 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 to
monitor the general validity of the test scores.