(a) No qualified individual with a disability shall,
on the basis of a disability, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination
in any program or activity conducted by the Board.
(b) (1) The Board, in providing any
aid, benefit, or service, may not, directly or through contractual,
licensing, or other arrangements, on the basis of a disability—
(i) deny a qualified
individual with a disability the opportunity to participate in or
benefit from the aid, benefit, or service that is not equal to that
provided to others;
(ii) afford
a qualified individual with a disability 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 a disability 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 individuals with a disability or to any class
of individuals with a disability than is provided to others unless
such action is necessary to provide qualified individuals with a disability
with aid, benefits, or services that are as effective as those provided
to others;
(v) deny a qualified
individual with a disability the opportunity to participate as a member
of planning or advisory boards; or
(vi) otherwise limit a qualified individual with a disability in
the enjoyment of any right, privilege, advantage, or opportunity enjoyed
by others receiving the aid, benefit, or service.
(2) The Board may not deny a qualified
individual with a disability 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.
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(3) The Board 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 individuals
with a disability to discrimination on the basis of a disability;
or
(ii) defeat or substantially
impair accomplishment of the objectives of a program or activity with
respect to individuals with a disability.
(4) The Board may not, in determining the
site or location of a facility, make selections the purpose or effect
of which would—
(i)
exclude individuals with a disability from, deny them the benefits
of, or otherwise subject them to discrimination under any program
or activity conducted by the Board; or
(ii) defeat or substantially impair
the accomplishment of the objectives or a program or activity with
respect to individuals with a disability.
(5) The Board, in the selection of procurement
contractors, may not use criteria that subject qualified individuals
with a disability to discrimination on the basis of a disability.
(6) The Board may not administer a
licensing or certification program in a manner that subjects qualified
individuals with a disability to discrimination on the basis of a
disability, nor may the Board establish requirements for the programs
and activities of licensees or certified entities that subject qualified
individuals with a disability to discrimination on the basis of a
disability. However, the programs and activities of entities that
are licensed or certified by the Board are not, themselves, covered
by this subpart.
(c) The exclusion of individuals
who do not have a disability from the benefits of a program limited
by federal statute or Board order to individuals with a disability
or the exclusion of a specific class of individuals with a disability
from a program limited by federal statute or Board order to a different
class of individuals with a disability is not prohibited by this subpart.
(d) The Board shall administer programs and activities in the
most integrated setting appropriate to the needs of qualified individuals
with a disability.
