Remedial and affirmative action.

§ 8.52 Remedial and affirmative action. (a) Remedial action. (1) If the responsible civil rights official finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such remedial action as the responsible civil rights official deems necessary to overcome the effects of the discrimination. (2) The responsible civil rights official may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action— (i) With respect to individuals with handicaps who are no longer participants in the program but who were participants in the program when such discrimination occurred or (ii) With respect to individuals with handicaps who would have been participants in the program had the discrimination not occurred. (b) Voluntary action. A recipient may take nondiscriminatory steps, in addition to any action that is required by this part, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified individuals with handicaps.