Editorial Note on Part 1251
Editorial Note: Nomenclature changes to part 1251 appear at 81 FR 3709, Jan. 22, 2016.

§ 1251.103 Discrimination prohibited. ( a ) *General.* No qualified individual with a disability shall, on the basis of disability, 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, benefits, or services, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability: ( i ) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;
( ii ) Afford a qualified individual with a disability an opportunity to participate in or benefit from aid, benefit, or service that is not equal to that afforded others;
( iii ) Provide a qualified individual with a disability 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 individuals with disabilities or to any class of individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to others;
( v ) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the recipient's program or activity;
( vi ) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; or
( vii ) Otherwise limit a qualified individual with a disability 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 individuals with disabilities and individuals without disabilities, but must afford individuals with disabilities 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 ) Recipients shall take appropriate steps to ensure that no individual with disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination in any program or activity receiving Federal financial assistance because of the absence of auxiliary aids for individuals with impaired sensory, manual, or speaking skills.
( 4 ) Despite the existence of separate or different aid, benefits, or services provided in accordance with this part, a recipient may not deny a qualified individual with a disability the opportunity to participate in such programs or activities that are not separate or different.
( 5 ) 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 individuals with disabilities to discrimination of the basis of disability;
( 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 individuals with disabilities; 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.
( 6 ) 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 individuals with disabilities 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 individuals with disabilities.
( 7 ) 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.
( 8 ) Recipients shall take appropriate steps to ensure that communications with their applicants, employees, and beneficiaries are available to persons with impaired vision and hearing.
( c ) *Aid, benefits, or services limited by Federal law.* The exclusion of individuals without disabilities from aid, benefits, or services limited by Federal statute of Executive order to individuals with disabilities from aid, benefits, or services limited by Federal statute or Executive order to a different class of individuals with disabilities is not prohibited by this part.
[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]