Page:Title 3 CFR 2005 Compilation.djvu/304

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Executive Office of the President \365 102.130 materials, design quality, or special rectly or through contractual, licens- character resulting from a permanent ing, or other arrangements, on the alteration. basis of handicap- (i) Deny a qualified individual with \3658102.104-102.109 [Reserved] handicaps the opportunity to partici- \365 102.110 Self-evaluation. pate in or benefit from the aid, benefit, (a) The agency shall, by September 6, or service; 1989, evaluate its current policies and (ii) Afford a qualified individual with practices, and the effects thereof, that handicaps an opportunity to partici- do not or may not meet the require- pate in or benefit from the aid, benefit, ments of this regulation and, to the ex- or service that is not equal to that af- tent modification of any such policies forded others; and practices is required, the agency (iii) Provide a qualified individual shall proceed to make the necessary with handicaps with an aid, benefit, or modifications. service that is not as effective in af- (b) The agency shall provide an op- fording equal opportunity to obtain the portunity to interested persons, includ- same result, to gain the same benefit, ing individuals with handicaps or orga- or to reach the same level of achieve- nizations representing individuals with ment as that provided to others; handicaps, to participate in the self- (iv) Provide different or separate aid, evaluation process by submitting corn- benefits, or services to individuals with ments (both oral and written). handicaps or to any class of individuals (c) The agency shall, for at least with handicaps than is provided to oth- three years following completion of the 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- \365 102.111 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- beneficiaries, and other interested per- vidual with handicaps in the enjoy- sons such information regarding the ment of any right, privilege, advan- provisions of this regulation and its ap- tage, 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 quail- make such information available to fied individual with handicaps the op- them in such manner as the head of the agency finds necessary to apprise such portunity to participate in programs or persons of the protections against dis- activities that are not separate or dif- crimination assured them by section ferent, despite the existence of permis- 504 and this regulation. sibly separate or different programs or activities. 88102.112-102.129 [Reserved] (3) The agency may not, directly or through contractual or other arrange- \365 102.130 General prohibitions against discrimination. ments, utilize criteria or methods of administration the purpose or effect of (a) No qualified individual with which would-- handicaps shall, on the basis of hahall- (i) Subject qualified individuals with cap, be excluded from participation in, handicaps to discrimination on the be denied the benefits of, or otherwise basis of handicap; or be subjected to discrimination under any program or activity conducted by (ii) Defeat or substantially impair ac- the agency. complishment of the objectives of a (b)(1) The agency, in providing any program or activity with respect to in- aid, benefit, or service, may not, di- dividuals with handicaps. 291