(a) In providing any aid, benefit, service or training under a JTPA-
funded program or activity, a recipient shall not, directly or through
contractual, licensing, or other arrangements, on the ground of
disability:
(1) Deny a qualified individual with a disability the opportunity to
participate in or benefit from the aid, benefit, service or training;
(2) Afford a qualified individual with a disability an opportunity
to participate in or benefit from the aid, benefit, service or training
that is not equal to that afforded others;
(3) Provide a qualified individual with a disability with an aid,
benefit, service or training that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(4) Provide different or separate aid, benefits, or services to
individuals with disabilities or to any class of individuals with
disabilities unless such action is necessary to provide qualified
individuals with disabilities with aid, benefits, services or training
that are as effective as those provided to others;
(5) Aid or perpetuate discrimination against a qualified individual
with a disability by providing significant assistance to an agency,
organization, or person that discriminates on the basis of disability in
providing any aid, benefit, service or training to participants;
(6) Deny a qualified individual with a disability the opportunity to
participate as a member of planning or advisory boards;
(7) Otherwise limit a qualified individual with a disability in
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving any aid, benefit, service or training.
(b) A recipient may not deny a qualified individual with a
disability the opportunity to participate in JTPA-funded programs or
activities despite the existence of permissibly separate or different
programs or activities.
(c) A recipient shall administer JTPA-funded programs and activities
in the most integrated setting appropriate to the needs of qualified
individuals with disabilities.
(d) A recipient may not, directly or through contractual or other
arrangements, utilize criteria or administrative methods:
(1) That have the effect of subjecting qualified individuals with
disabilities to discrimination on the ground of disability;
(2) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the JTPA-funded program or
activity with respect to individuals with disabilities; or
(3) That perpetuate the discrimination of another entity if both
entities are subject to common administrative control or are agencies of
the same state.
(e) In determining the site or location of facilities, a grant
applicant or recipient may not make selections with the purpose or
effect of excluding individuals with disabilities from, denying them the
benefits of, or otherwise subjecting them to discrimination under any
JTPA-funded program or activity, or with the purpose or effect of
defeating or substantially impairing the accomplishment of the
objectives of the JTPA-funded program or activity or this part with
respect to individuals with disabilities.
(f) As used in this section, references to the aid, benefit, service
or training provided under a JTPA-funded program
or activity include any aid, benefit, service or training provided in or
through a facility that has been constructed, expanded, altered, leased,
rented, or otherwise acquired, in whole or in part, with Federal
financial assistance under JTPA.
(g) The exclusion of an individual without a disability from the
benefits of a program limited by Federal statute or Executive Order to
individuals with disabilities or the exclusion of a specific class of
individuals with disabilities from a program limited by Federal statute
or Executive Order to a different class of individuals with disabilities
is not prohibited by this part.
(h) This part does not require a recipient to provide to individuals
with disabilities: personal devices, such as wheelchairs; individually
prescribed devices, such as prescription eyeglasses or hearing aids;
readers for personal use or study; or services of a personal nature
including assistance in eating, toileting, or dressing.
