(a) General. No qualified handicapped individual shall, on the basis
of handicap, be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under any program or
activity which receives or benefits from Federal financial assistance.
(b) Discriminatory actions prohibited. (1) A recipient, in providing
any aid, benefit, service or training, may not, directly or through
contractual, licensing, or other arrangments, on the basis of handicap:
(i) Deny a qualified handicapped individual the opportunity to
participate in or benefit from the aid, benefit, service or training;
(ii) Afford a qualified handicapped individual an opportunity to
participate in or benefit from the aid, benefit, service or training
that is not equal to that afforded others;
(iii) Provide a qualified handicapped individual with any aid,
benefit, service or training that is not as effective as that provided
to others;
(iv) Provide different or separate aid, benefits, or services to
handicapped individuals or to any class of handicapped individuals
unless such action is necessary to provide qualified handicapped
individuals with aid, benefits, services or training that are as
effective as those provided to others;
(v) Aid or perpetuate discrimination against a qualified handicapped
individual by providing significant assistance to an agency,
organization, or person that discriminates on the basis of handicap in
providing any aid, benefit, service or training to beneficiaries of the
recipient's program;
(vi) Deny a qualified handicapped individual the opportunity to
participate as a member of planning or advisory boards; or
(vii) Otherwise limit a qualified handicapped individual in
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving any aid, benefit, service or training.
(2) For purposes of this part, aid, benefits, services and training,
to be equally effective, are not required to produce the identical
result or level of achievement for handicapped and nonhandicapped
individuals, but must afford handicapped individuals equal opportunity
to obtain the same result, to gain the same benefit, or to reach the
same level of achievement, in the most integrated setting appropriate to
the person's needs.
(3) A recipient may not deny a qualified handicapped individual the
opportunity to participate in its regular programs or activities,
despite the existence of separate or different programs or activities
for the handicapped which
are established in accordance with this part.
(4) A recipient may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration:
(i) That have the effect of subjecting qualified handicapped
individuals to discrimination on the basis of handicap;
(ii) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the recipient's program
with respect to handicapped individuals; or
(iii) That perpetuate the discrimination of another recipient if
both recipients are subject to common administrative control or are
agencies of the same state.
(5) In determining the site or location of a facility, an applicant
for assistance or a recipient may not make selections.
(i) That have the effect of excluding handicapped individuals from,
denying them the benefits of, or otherwise subjecting them to
discrimination under any program or activity that receives or benefits
from Federal financial assistance; or
(ii) That have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of the program or
activity with respect to handicapped individuals.
(6) As used in this section, the aid, benefit, service or training
provided under a program or activity receiving or benefiting from
Federal financial assistance includes 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.
(7)(i) In providing services under programs of Federal financial
assistance, except for employment-related training, a recipient to which
this subpart applies, except small recipients, shall ensure that no
handicapped participant is denied the benefits of, excluded from
participation in, or otherwise subjected to discrimination under the
program or activity operated by the recipient because of the absence of
auxiliary aids for participants with impaired sensory, manual or
speaking skills. In programs of employment and employment-related
training, this paragraph shall apply only to the intake, assessment and
referral services. A recipient shall operate each program or activity to
which this subpart applies so that, when viewed in its entirety,
auxiliary aids are readily available.
(ii) Auxiliary aids may include brailled and taped written
materials, interpreters or other effective methods of making orally
delivered information available to persons with hearing impairments,
readers for persons with visual impairments, equipment adapted for use
by persons with manual impairments, and other similar services and
actions. Recipients need not provide attendants, individually prescribed
devices, readers for personal use or study, or other devices or services
of a personal nature.
(c) Programs limited by Federal law. The exclusion of nonhandicapped
persons from the benefits of a program limited by Federal statute on
Executive order to handicapped individuals or the exclusion of a
specific class of handicapped individuals from a program limited by
Federal statute or Executive order to a different class of handicapped
individuals is not prohibited by this part.
(d) Integrated setting. Recipients shall administer programs and
activities in the most integrated setting appropriate to the needs of
qualified handicapped individuals.
(e) Communications with individuals with impaired vision and
hearing. Recipients shall take appropriate steps to ensure that
communications with their applicants, employees, and beneficiaries are
available to persons with impaired vision and hearing.
