17.130—General prohibitions against discrimination.
(a)
No qualified individual with handicaps in
the United States, shall, by reason of his or her
handicap, be excluded from the participation in,
be denied the benefits of, or otherwise be
subjected to discrimination under any program or
activity conducted by the agency.
(b)
(1)
The agency, in providing any aid,
benefit, or service, may not directly or through
contractual, licensing, or other arrangements, on
the basis of handicap—
(i)
Deny a qualified individual with handicaps
the opportunity to participate in or benefit from
the aid, benefit, or service;
(ii)
Afford a qualified individual with
handicaps an opportunity to participate in or
benefit from the aid, benefit, or service that is
not equal to that afforded others;
(iii)
Provide a qualified individual with
handicaps with an aid, benefit, or service 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;
(iv)
Provide different or separate aid,
benefits or services to individuals with handicaps
or to any class of individuals with handicaps than
is provided to others unless such action is
necessary to provide qualified individuals with
handicaps with aid, benefits or services that are
as effective as those provided to others;
(v)
Deny a qualified individual with handicaps
the opportunity to participate as a member of
planning or advisory boards; or
(vi)
Otherwise limit a qualified individual
with handicaps in the enjoyment of any right,
privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2)
For purposes of this part, aids, benefits,
and services, to be equally effective, are not
required to produce the identical result or level
of achievement for individuals with handicaps and
for nonhandicapped persons, but must afford
individuals with handicaps 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
individual's needs.
(3)
Even if the agency is permitted, under
paragraph (b)(1)(iv) of this section, to operate a
separate or different program for individuals with
handicaps or for any class of individuals with
handicaps, the agency must permit any qualified
individual with handicaps who wishes to
participate in the program that is not separate or
different to do so.
(4)
The agency may not, directly or through
contractual or other arrangements, utilize
criteria or methods of administration the purpose
or effect of which would—
(ii)
Defeat or substantially impair
accomplishment of the objectives of a program or
activity with respect to individuals with
handicaps.
(5)
The agency may not, in determining the site
or location of a facility, make selections the
purpose or effect of which would—
(i)
Exclude individuals with handicaps from,
deny them the benefits of, or otherwise subject
them to discrimination under any program or
activity conducted by the agency; or
(ii)
Defeat or substantially impair the
accomplishment of the objectives of a program or
activity with respect to individuals with
handicaps.
(6)
The agency, in the selection of procurement
contractors, may not use criteria that subject
qualified individuals with handicaps to
discrimination on the basis of handicap.
(7)
The agency may not administer a licensing
or certification program in a manner that subjects
qualified individuals with handicaps to
discrimination on the basis of handicap, nor may
the agency establish requirements for the programs
or activities of licensees or certified entities
that subject qualified individuals with handicaps
to discrimination on the basis of handicap.
However, the programs or activities of entities
that are licensed or certified by the agency are
not, themselves, covered by this part.
(c)
The exclusion of nonhandicapped persons
from the benefits of a program limited by Federal
statute or Executive order to individuals with
handicaps or the exclusion of a specific class of
individuals with handicaps from a program limited
by Federal statute or Executive order to a
different class of individuals with handicaps is
not prohibited by this part.
(d)
The agency shall administer programs and
activities in the most integrated setting
appropriate to the needs of qualified individuals
with handicaps.