§ 39.130 General prohibitions against discrimination. ( a ) 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 conducted by the agency.
( b ) ( 1 ) The agency, 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 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 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 handicapped persons or to any class of handicapped persons than is provided to others 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 ) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or
( vi ) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.
( 2 ) The agency may not deny a qualified handicapped person 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 agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would— ( i ) Subject qualified handicapped persons 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 handicapped persons.
( 4 ) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would— ( i ) Exclude handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the agency; or
( ii ) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to handicapped persons.
( 5 ) The agency, in the selection of procurement contractors, may not use criteria that subject qualified handicapped persons to discrimination on the basis of handicap.
( 6 ) The agency may not administer a licensing or certification program in a manner that subjects qualified handicapped persons to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licensees or certified entities that subject qualified handicapped persons to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the agency 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 handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Executive order to a different class of handicapped persons is not prohibited by this part.
( d ) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons.