Page:Title 3 CFR 2007 Compilation.djvu/369

 Executive Office of the President \365 102.130 materials, design quality, or special (b)(1) The agency, in providing any character resulting from a permanent aid, benefit, or service, may not, di- alteration. rectly or through contractual, licens- ing, or other arrangements, on the \365\365 102.104-102.109 [Reserved] basis of handicap (i) Deny a qualified individual with \365102.110 Self-evaluation. handicaps the opportunity to partici- (a) The agency shall, by September 6, pate in or benefit from the aid, benefit, 1989, evaluate its current policies and or service; practices, and the effects thereof, that (ii) Afford a qualified individual with do not or may not meet the require- handicaps an opportunity to partici- ments of this regulation and, to the ex- pate in or benefit from the aid, benefit, tent modification of any such policies or service that is not equal to that af- and practices is required, the agency forded others; shall proceed to make the necessary (iii) Provide a qualified individual modifications. with handicaps with an aid, benefit, or (b) The agency shall provide an op- service that is not as effective in af- portunity to interested persons, includ- fording equal opportunity to obtain the ing individuals with handicaps or orga- same result, to gain the same benefit, nizations representing individuals with or to reach the same level of achieve- handicaps, to participate in the self- ment as that provided to others; evaluation process by submitting com- (iv) Provide different or separate aid, ments (both oral and written). benefits, or services to individuals with (c) The agency shall, for at least handicaps or to any class of individuals three years following completion of the with handicaps than is provided to oth- self-evaluation, maintain on file and ers unless such action is necessary to make available for public inspection: provide qualified individuals with (1) A description of areas examined handicaps with aid, benefits, or serv- and any problems identified; and ices that are as effective as those pro- (2) A description of any modifications vided to others; made. (v) Deny a qualified individual with handicaps the opportunity to partici- \365102.111 Notice. pate as a member of planning or advi- The agency shall make available to sory boards; employees, applicants, participants, (vi) Otherwise limit a qualified indi- vidual with handicaps in the enjoy- beneficiaries, and other interested per- sons such information regarding the ment of any right, privilege, advan- provisions of this regulation and its ap- rage, or opportunity enjoyed by others plicability to the programs or activi- receiving the aid, benefit, or service. ties conducted by the agency, and (2) The agency may not deny a quali- make such information available to fied individual with handicaps the op- them in such manner as the head of the portunity to participate in programs or agency finds necessary to apprise such activities that are not separate or dif- persons of the protections against dis- ferent, despite the existence of permis- crimination assured them by section sibly separate or different programs or 504 and this regulation. activities. (3) The agency may not, directly or \365\365102.112-102.129 [Reserved] through contractual or other arrange- ments, utilize criteria or methods of \365102.130 General prohibitions against administration the purpose or effect of discrimination. which would (a) No qualified individual with (i) Subject qualified individuals with handicaps shall, on the basis of handi- handicaps to discrimination on the cap, be excluded from participation in, basis of handicap; or be denied the benefits of, or otherwise (ii) Defeat or substantially impair ac- be subjected to discrimination under complishment of the objectives of a any program or activity conducted by program or activity with respect to in- the agency. dividuals with handicaps. 369

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