21-70-31  Examinations and courses. (a)
Each public accommodation that offers examina-
tions 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 adminis-
tered so as to best ensure that, when the exami-
nation is administered to an individual with a dis-
ability 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, ex-
cept where those skills are the factors that the
examination purports to measure;

 (B)  any examination that is designed for indi-
viduals with impaired sensory, manual, or speak-
ing 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 per-
mitted for completion of the examination and ad-
aptation of the manner in which the examination
is given.

 (3)  Each private entity offering an examination
covered by this regulation shall provide appropri-
ate auxiliary aids for persons with impaired sen-
sory, manual, or speaking skills, unless that private
entity can demonstrate that offering a particular
auxiliary aid would fundamentally alter the meas-
urement of the skills or knowledge the examina-
tion 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 ma-
terials available to individuals with hearing
impairments;

 (B)  Braille or large print examinations and an-
swer 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 in-
clude provision of an examination at an individ-
ual's home with a proctor if accessible facilities or
equipment are unavailable. Alternative arrange-
ments shall provide conditions which are compa-
rable to those provided for nondisabled
individuals.

 (c)  Courses.

 (1)  Each private entity that offers a course cov-
ered by these regulations shall make any modifi-
cations 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 cov-
ered by this section shall provide appropriate aux-
iliary aids and services for persons with impaired
sensory, manual, or speaking skills, unless the pri-
vate entity can demonstrate that offering a partic-
ular auxiliary aid or service would fundamentally
alter the course or would result in an undue bur-
den. 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 read-
ers 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 in-
clude offering the course through videotape, cas-
settes, or prepared notes. Alternative arrange-
ments shall provide conditions which are
comparable to those provided for nondisabled in-
dividuals. (Authorized by K.S.A. 44-1004; imple-
menting K.S.A 1992 Supp. 1009; effective Dec.
19, 1994.)