[Code of Federal Regulations]
[Title 45, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1151.17]

[Page 378-379]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER XI--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
 
PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP--Table of Contents
 
                  Subpart C--Discrimination Prohibited
 
Sec. 1151.17  Specific discriminatory actions prohibited.

    (a) A recipient, in providing any aid, benefit, or service, either 
directly or through contractual, licensing, or other arrangements, shall 
not, on the basis of handicap:
    (1) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (2) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (3) Provide a qualified handicapped person 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;
    (4) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons unless such 
action is necessary

[[Page 379]]

to provide qualified handicapped persons with aid, benefits, or services 
that are as effective as those provided to others;
    (5) Aid or perpetuate discrimination against a qualified handicapped 
person by providing significant assistance to an agency, organization, 
or person that discriminates on the basis of handicap in providing any 
aid, benefit, or service to beneficiaries of the recipient's program or 
activity;
    (6) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (7) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving an aid, benefit, or service.
    (b) Despite the existence of separate or different aid, benefits, or 
services provided in accordance with this part, a recipient may not deny 
a qualified handicapped person the opportunity to participate in such 
aid, benefits, or services that are not separate or different.
    (c) A recipient may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration:
    (1) That have the effect of subjecting qualified handicapped persons 
to discrimination on the basis of handicap;
    (2) That have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of the recipient's program or 
activity with respect to handicapped persons; or
    (3) That perpetuate the discrimination of another recipient if both 
recipients are subject to common administrative control or are agencies 
of the same state.
    (d) A recipient may not, in determining the site or location of a 
facility, make selections:
    (1) That have the effect of excluding handicapped persons from, 
denying them the benefits of, or otherwise subjecting them to 
discrimination under any program or activity that receives federal 
financial assistance; or
    (2) 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 persons.
    (e) As used in this section, the aid, benefit, or service provided 
under a program or activity receiving federal financial assistance 
includes any aid, benefit, or service provided in or through a facility 
that has been constructed, expanded, altered, leased or rented, or 
otherwise acquired, in whole or in part, with federal financial 
assistance.

[44 FR 22734, Apr. 17, 1979, as amended at 68 FR 51384, Aug. 26, 2003]