[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: 45CFR1151.18]

[Page 379-380]
 
                        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. 1151.18  Illustrative examples.

    (a) The following examples will illustrate the application of the 
foregoing provisions to some of the activities funded by the National 
Endowment for the Arts.
    (1) A museum exhibition catalogue or small press editions supported 
by the Endowment may be made usable by the blind and the visually 
impaired through cassette tapes, records, discs, braille, readers and 
simultaneous publications;
    (2) A theatre performance supported by Federal funds may be made 
available to deaf and hearing impaired persons through the use of a sign 
language interpreter or by providing scripts in advance of the 
performance.
    (3) A performing arts organization receiving Federal funds and 
offering, for example, a specific event in an inaccessible facility may 
arrange to provide a reasonable opportunity for that specific event to 
be offered to the public at large in an alternative accessible space; 
e.g., a theatre offering four different plays a season may offer at 
least one performance of each play in an alternative accessible space.
    (4) Recipients of federal funds should make every effort to assure 
that they do not support organizations or individuals that discriminate;
    (5) A handicapped person with experience and expertise equal to 
qualification standards established by a planning or advisory board may 
not be excluded from participation on the board on the basis of 
handicap. This does not mean that every planning or advisory board 
necessarily must include a handicapped person.

[[Page 380]]

    (b) Despite the existence of permissible separate or different aid, 
benefits, or services, e.g., periodic performances in alternative 
accessible spaces, a physically handicapped person who wishes to be, and 
can be, escorted to a seat, may not be denied such access to an 
otherwise inaccessible theatre.
    (c) State arts agencies are obligated to develop methods of 
administering federal funds so as to ensure that handicapped persons are 
not subjected to discrimination on the basis of handicap either by sub-
grantees or by the manner in which the funds are distributed.
    (d) In the event Endowment funds are utilized to construct, expand, 
alter, lease or rent a facility, the aid, benefits, or services provided 
in or through that facility must be conducted in accordance with these 
regulations, e.g., a museum receiving a grant to renovate an existing 
facility must assure that all museum aid, benefits, or services 
conducted in that facility are accessible to handicapped persons.
    (e) In carrying out the mandate of section 504 and these 
implementing regulations recipients should make every effort to 
administer Endowment assisted programs or activities in a setting in 
which able-bodied and disabled persons are integrated, e.g., tours made 
available to the hearing impaired should be open to the public at large 
and everyone should be permitted to enjoy the benefits of a tactile 
experience in a museum.

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