Code of Virginia

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Code of Virginia
Title 51.5. Persons with Disabilities
Chapter 9. Rights of Persons with Disabilities
12/5/2021

§ 51.5-42. Discrimination against otherwise qualified persons with disabilities by educational institutions prohibited.

A. No public educational institution or private educational institution, or agent of either, that is a recipient of state funds shall deny admission to the institution, or full and equal access to and enjoyment of any of its educational or extracurricular programs, to an otherwise qualified person with a disability because of such disability. For purposes of this section, an "otherwise qualified person with a disability" means a person with a disability who meets the requirements for admission to the institution and for participation in its programs and whose disability is unrelated to the person's ability to utilize and benefit from educational opportunities, programs, and facilities at the educational institution.

B. This section shall not apply to any public or private educational institution that is subject to the requirements of § 22.1-215 nor to any private elementary or secondary school or institution of higher education that is not a recipient of state funds.

1985, c. 421, § 51.01-42; 2014, c. 616.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.