§2254. Nondiscrimination policy in educational facilities, real estate transactions, and state-funded programs
A. No otherwise qualified person shall, on the basis of a disability, be subjected to
discrimination by any educational facility, in any real estate transaction, or be excluded from
participating in, or denied the benefits of, any program or activity which receives financial
assistance from the state or any of its political subdivisions.
B. In accordance with Subsection A of this Section an educational institution shall
not:
(1)Discriminate in any manner in the full utilization of the institution, or the services
provided and rendered thereby to an otherwise qualified individual because of a disability
that is unrelated to the individual's ability to utilize and benefit from the
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§2254. Nondiscrimination policy in educational facilities, real estate transactions, and state-funded programs
A. No otherwise qualified person shall, on the basis of a disability, be subjected to
discrimination by any educational facility, in any real estate transaction, or be excluded from
participating in, or denied the benefits of, any program or activity which receives financial
assistance from the state or any of its political subdivisions.
B. In accordance with Subsection A of this Section an educational institution shall
not:
(1) Discriminate in any manner in the full utilization of the institution, or the services
provided and rendered thereby to an otherwise qualified individual because of a disability
that is unrelated to the individual's ability to utilize and benefit from the institution or its
services, or because of the use of adaptive devices or aids.
(2) Exclude, expel, limit, or otherwise discriminate against an otherwise qualified
individual seeking admission as a student or an individual enrolled as a student at the
institution on the basis of a disability that is unrelated to the individual's academic ability or
ability to utilize and benefit from the institution, or because of the use of adaptive devices
or aids.
(3) Make or use a written or oral inquiry or form of application for admission that
elicits or attempts to elicit information, or make or keep a record, concerning the disability
of an otherwise qualified applicant for admission for discriminatory purposes contrary to the
provisions or purposes of this Chapter.
(4) Print, publish, or cause to be printed or published a catalog or other notice or
advertisement indicating a preference, limitation, specification, or discrimination based on
the disability of an otherwise qualified applicant that is unrelated to the applicant's academic
ability or ability to utilize and benefit from the institution or its services, or the use of
adaptive devices or aids by an otherwise qualified applicant for admission.
(5) Announce or follow a policy of denial or limitation of educational opportunities
to a group or its members because of a disability that is unrelated to the group or members'
academic ability or ability to utilize and benefit from the institution or its services, or because
of the use of adaptive devices or aids.
(6) Nothing in this Subsection shall be construed so as to limit, alter or modify in any
way, the responsibilities of the State and local educational agencies to provide a free,
appropriate public education to exceptional children under R.S. 17:1941 et seq.
C. An owner or any other person engaging in a real estate transaction, such as a real
estate broker or salesman, shall not, in accordance with Subsection A of this Section on the
basis of a disability that is unrelated to an otherwise qualified individual's ability to acquire,
rent, or maintain property:
(1) Refuse to engage in a real estate transaction.
(2) Discriminate against a person in the terms, conditions, or privileges of a real
estate transaction or in the furnishing of facilities or services in connection therewith.
(3) Refuse to receive or fail to transmit a bona fide offer to engage in a real estate
transaction from a person.
(4) Refuse to negotiate for a real estate transaction with a person.
(5) Represent to a person that real property is not available for inspection, sale,
rental, or lease when in fact it is available, or fail to bring a property listing to a person's
attention, or refuse to permit a person to inspect real property.
(6) Print, circulate, post, or mail, or cause to be so published, a statement,
advertisement, or sign, or use a form of application for a real estate transaction, or make a
record of inquiry in connection with a prospective real estate transaction, which indicates,
directly or indirectly, an intent to make a limitation, specification, or discrimination with
respect thereto.
(7) Offer, solicit, accept, use, or retain a listing of real property with the
understanding that a person may be discriminated against in a real estate transaction or in the
furnishing of facilities or services in connection therewith.
D. Subsection C of this Section shall not apply to the rental of a housing
accommodation in a building which contains housing accommodations for two or less units
living independently of each other, if the owner resides in one of the housing units, or to the
rental of a room or rooms in a single housing dwelling by a person if the lessor or a member
of the lessor's immediate family resides therein.
E.(1) A person to whom application is made for financial assistance or financing in
connection with a real estate transaction or for the construction, rehabilitation, repair,
maintenance, or improvement of immovable property, or a representative of such a person
shall not discriminate against the otherwise qualified applicant on the basis of a disability
that is unrelated to the individual's ability to acquire, rent, or maintain property or use a form
of application for financial assistance or financing or make or keep a record of inquiry for
reasons contrary to the provisions or purposes of this Chapter in connection with applications
for financial assistance or financing which indicates, directly or indirectly, a limitation,
specification, or discrimination based on disability that is unrelated to the individual's ability
to acquire, rent, or maintain property.
(2) Nothing in this Subsection shall be construed to prohibit an owner, lender, or his
agency from requiring that an applicant who seeks to buy, rent, lease, or obtain financial
assistance or housing accommodations supply information concerning the applicant's
financial, business, or employment status or other information designed solely to determine
the applicant's credit worthiness.
(3) Nothing in this Subsection shall require any person renting, leasing, or providing
for compensation immovable property to modify his property in any way or provide a higher
degree of care for a person with a disability than for a person who does not have a disability.
F.(1) In accordance with Subsection A of this Section, any program or activity which
receives financial assistance from the state or any of its political subdivisions shall not
directly or through contractual, licensing, or other arrangements:
(a) Deny an otherwise qualified person on the basis of disability the opportunity to
participate in or benefit from the aid, benefit, or service.
(b) Provide an otherwise qualified person with an aid, benefit, or service that is not
as effective as, or equal to, that provided to others because of their disability.
(c) Provide different or separate aid benefits, or services to otherwise qualified
persons because of disability, unless such action is necessary to provide qualified persons
with disabilities with aid, benefits, or services that are as effective as those provided to
others.
(2) A recipient of state financial assistance shall operate a program or activity in a
facility which is accessible to and usable by persons with disabilities and shall comply with
ANSI specifications as defined in R.S. 46:2253 by January 1, 1982.