[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR605.4]



[Page 82-83]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 605_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 605.4  Discrimination prohibited.



    (a) General. No qualified handicapped person shall, on the basis of 

handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or 

activity which receives Federal financial assistance.

    (b) Discriminatory actions prohibited. (1) A recipient, in providing 

any aid, benefit, or service, may not, directly or



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through contractual, licensing, or other arrangements, on the basis of 

handicap:

    (i) Deny a qualified handicapped person the opportunity to 

participate in or benefit from the aid, benefit, or service;

    (ii) 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;

    (iii) Provide a qualified handicapped person with an aid, benefit, 

or service that is not as effective as that provided to others;

    (iv) Provide different or separate aid, benefits, or services to 

handicapped persons or to any class of handicapped persons unless such 

action is necessary to provide qualified handicapped persons with aid, 

benefits, or services that are as effective as those provided to others;

    (v) 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;

    (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

    (vii) 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.

    (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 handicapped and nonhandicapped persons, but 

must afford handicapped persons 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 person's 

needs.

    (3) 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 

programs or activities that are not separate or different.

    (4) A recipient may not, directly or through contractual or other 

arrangements, utilize criteria or methods of administration (i) that 

have the effect of subjecting qualified handicapped persons to 

discrimination on the basis of handicap, (ii) 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 (iii) that perpetuate the discrimination of 

another recipient if both recipients are subject to common 

administrative control or are agencies of the same State.

    (5) In determining the site or location of a facility, an applicant 

for assistance or a recipient may not make selections (i) that have the 

effect of excluding qualified 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 (ii) 

that have the purpose or effect of defeating or substantially impairing 

the accomplishment of the objectives of the program or activity with 

respect to qualified handicapped persons.

    (6) 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.

    (c) Aid, benefits, or services limited by Federal law. The exclusion 

of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to handicapped persons or the 

exclusion of a specific class of handicapped persons from aid, benefits, 

or services limited by Federal statute or executive order to a different 

class of handicapped persons is not prohibited by this part.



[47 FR 8573, Mar. 1, 1982, as amended at 68 FR 51381, Aug. 26, 2003]



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