Kansas Administrative Regulations
Agency 21 - KANSAS HUMAN RIGHTS COMMISSION
Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS
Section 21-70-31 - Examinations and courses
Universal Citation: KS Admin Regs 21-70-31
Current through Register Vol. 43, No. 12, March 20, 2024
(a) Each public accommodation that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer the examinations or courses in a place and manner accessible to persons with disabilities or offer alternative arrangements for access.
(b) Examinations.
(1) Each private entity offering an
examination covered by this section shall assure that:
(A) the examination is selected and
administered so as to best ensure that, when the examination is administered to
an individual with a disability that impairs sensory, manual, or speaking
skills, the examination results accurately reflect the individual's aptitude or
achievement level or whatever other factor the examination purports to measure,
rather than reflecting the individual's impaired sensory, manual, or speaking
skills, except where those skills are the factors that the examination purports
to measure;
(B) any examination
that is designed for individuals with impaired sensory, manual, or speaking
skills is offered at equally convenient locations, as often, and in as timely a
manner as are other examinations; and
(C) the examination is administered in
facilities that are accessible to individuals with disabilities or alternative
arrangements for access are made.
(2) Required modifications to an examination
may include changes in the length of time permitted for completion of the
examination and adaptation of the manner in which the examination is given.
(3) Each private entity offering
an examination covered by this regulation shall provide appropriate auxiliary
aids for persons with impaired sensory, manual, or speaking skills, unless that
private entity can demonstrate that offering a particular auxiliary aid would
fundamentally alter the measurement of the skills or knowledge the examination
is intended to test or would result in an undue burden. Auxiliary aids and
services required by this regulation may include:
(A) taped examinations, interpreters or other
effective methods of making orally delivered materials available to individuals
with hearing impairments;
(B)
Braille or large print examinations and answer sheets or qualified readers for
individuals with visual impairments or learning disabilities;
(C) transcribers for individuals with manual
impairments; and
(D) other similar
services and actions.
(4) Alternative arrangements for access may
include provision of an examination at an individual's home with a proctor if
accessible facilities or equipment are unavailable. Alternative arrangements
shall provide conditions which are comparable to those provided for nondisabled
indi-viduals.
(c) Courses.
(1) Each private entity that offers
a course covered by these regulations shall make any modifications to that
course necessary to ensure that the place and manner in which the course is
given are accessible to individuals with disabilities.
(2) Required modifications may include
changes in the length of time permitted for the completion of the course,
substitution of specific requirements, or adaptation of manner in which the
course is conducted or course materials are distributed.
(3) Each private entity that offers a course
covered by this section shall provide appropriate auxiliary aids and services
for persons with impaired sensory, manual, or speaking skills, unless the
private entity can demonstrate that offering a particular auxiliary aid or
service would fundamentally alter the course or would result in an undue
burden. Auxiliary aids and services required by this section may include:
(A) taped texts, interpreters or other
effective methods of making orally delivered materials available to individuals
with hearing impairments;
(B)
Braille or large print texts or qualified readers for individuals with visual
impairments and learning disabilities;
(C) classroom equipment adapted for use by
individuals with manual impairments; and
(D) other similar services and actions.
(4) Courses shall be
administered in facilities that are accessible to individuals with
disabilities, or alternative arrangements for access shall be made.
(5) Alternative arrangements for access may
include offering the course through videotape, cassettes, or prepared notes.
Alternative arrangements shall provide conditions which are comparable to those
provided for nondisabled individuals.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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