[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR105.20]



[Page 404-405]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 105_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION--Table 

of Contents

 

Sec.  105.20  General prohibitions against discrimination.



    (a) No qualified individual with handicaps 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 conducted by the Department.

    (b)(1) The Department, in providing any aid, benefit, or service, 

may not, directly or through contractual, licensing, or other 

arrangements, on the basis of handicap--

    (i) Deny a qualified individual with handicaps the opportunity to 

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

    (ii) Afford a qualified individual with handicaps 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 individual with handicaps with an aid, 

benefit, or



[[Page 405]]



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;

    (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 others unless that action is necessary to provide 

qualified individuals with handicaps with aid, benefits, or services 

that are as effective as those provided to others;

    (v) Deny a qualified individual with handicaps the opportunity to 

participate as a member of planning or advisory boards; or

    (vi) Otherwise limit a qualified individual with handicaps in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by 

others receiving the aid, benefit, or service.

    (2) The Department may not deny a qualified individual with 

handicaps the opportunity to participate in programs or activities that 

are not separate or different, despite the existence of permissibly 

separate or different programs or activities.

    (3) The Department may not, directly or through contractual or other 

arrangements, use 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 accomplishment of the objectives 

of a program or activity with respect to individuals with handicaps.

    (4) The Department may not, in determining the site or location of a 

facility, make selections the purpose or effect of which would--

    (i) Exclude individuals with handicaps from, deny them the benefits 

of, or otherwise subject them to discrimination under, any program or 

activity conducted by the Department; or

    (ii) Defeat or substantially impair the accomplishment of the 

objectives of a program or activity with respect to individuals with 

handicaps.

    (5) The Department, in the selection of procurement contractors, may 

not use criteria that subject qualified individuals with handicaps to 

discrimination on the basis of handicap.

    (6) The Department may not administer a licensing or certification 

program in a manner that subjects qualified individuals with handicaps 

to discrimination on the basis of handicap, nor may the Department 

establish requirements for the program or activities of licensees or 

certified entities that subject qualified individuals with handicaps to 

discrimination on the basis of handicap. However, the programs or 

activities of entities that are licensed or certified by the Department 

are not, themselves, covered by this part.

    (c) The exclusion of nonhandicapped persons from the benefits of a 

program limited by Federal statute or Executive Order to individuals 

with handicaps or the exclusion of a specific class of individuals with 

handicaps from a program limited by Federal statute or Executive Order 

to a different class of individuals with handicaps is not prohibited by 

this part.

    (d) The Department shall administer programs and activities in the 

most integrated setting appropriate to the needs of qualified 

individuals with handicaps.