Page:Title 3 CFR 2000 Compilation.djvu/419

 Executive Office of the President \365 102.130 materials, design quality, or special character resulting from a permanent alteration. \3658 102.104-102.109 [Reserved] 8102.110 Self-evaluation. (a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the require- ments of this regulation and, to the ex- tent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications. (b) The agency shall provide an op- portunity to interested persons, includ- ing individuals with handicaps or orga- nizations representing individuals with handicaps, to participate in the self- evaluation process by submitting com- ments (both oral and written). (c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: (1) A description of areas examined and any problems identified; and (2) A description of any modifications made. 8102.111 Notice. The agency shall make available to employees, applicants, participants, beneficiaries, and other interested per- sons such information regarding the provisions of this regulation and its ap- plicability to the programs or activi- ties conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against dis- crimination assured them by section 504 and this regulation. 88102.112-102.129 [Reserved] 8102.130 General prohibitions against discrimination. (a) No qualified individual with handicaps shall, on the basis of handi- cap, be excluded from 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, di- rectly or through contractual, licens- ing, or other arrangements, on the basis of handicap- (i) Deny a qualified individual with handicaps the opportunity to partici- pate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with handicaps an opportunity to partici- pate in or benefit from the aid, benefit, or service that is not equal to that af- forded others; (iii) Provide a qualified individual with handicaps with an aid, benefit, or service that is not as effective in af- fording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achieve- ment 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 oth- ers unless such action is necessary to provide qualified individuals with handicaps with aid, benefits, or serv- ices that are as effective as those pro- vided to others; (v) Deny a qualified individual with handicaps the opportunity to partici- pate as a member of planning or advi- sory boards; (vi) Otherwise limit a qualified indi- vidual with handicaps in the enjoy- ment of any right, privilege, advan- tage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The agency may not deny a quali- fied individual with handicaps the op- portunity to participate in programs or activities that are not separate or dif- ferent, despite the existence of permis- sibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrange- ments, utilize criteria or methods of administration the purpose or effect of which would- (i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; or (ii) Defeat or substantially impair ac- complishment of the objectives of a program or activity with respect to in- dividuals with handicaps. 419

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