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35.130 General prohibitions against discrimination.
(a) No qualified individual with a disability shall, on the basis
of disability, be excluded from participation in or be denied the
benefits of the services, programs, or activities of a public entity,
or be subjected to discrimination by any public entity.
(b) (1) A public entity, in providing any aid, benefit, or
service, 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 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 aids, benefits, or services to
individuals with disabilities or to any class of individuals with
disabilities than is provided to others unless such action is
necessary to provide qualified individuals with disabilities with
aids, 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 public entity's program;
(vi) Deny a qualified individual with a disability the opportunity
to participate as a member of planning or advisory boards;
(vii) 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) A public entity may not deny a qualified individual with a
disability the opportunity to participate in services, programs, or
activities that are not separate or different, despite the existence
of permissibly separate or different programs or activities.
(3) A public entity 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 on the basis of disability;
(ii) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the public entity's
program with respect to individuals with disabilities; or
(iii) That perpetuate the discrimination of another public entity
if both public entities are subject to common administrative control
or are agencies of the same State.
(4) A public entity may not, in determining the site or location
of a facility, make selections --
(i) That have the effect of excluding individuals with
disabilities from, denying them the benefits of, or otherwise
subjecting them to discrimination; or
(ii) That have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of the service,
program, or activity with respect to individuals with disabilities.
(5) A public entity, in the selection of procurement contractors,
may not use criteria that subject qualified individuals with
disabilities to discrimination on the basis of disability.
(6) A public entity may not administer a licensing or
certification program in a manner that subjects qualified individuals
with disabilities to discrimination on the basis of disability, nor
may a public entity establish requirements for the programs or
activities of licensees or certified entities that subject qualified
individuals with disabilities to discrimination on the basis of
disability. The programs or activities of entities that are licensed
or certified by a public entity are not, themselves, covered by this
part.
(7) A public entity shall make reasonable modifications in
policies, practices, or procedures when the modifications are
necessary to avoid discrimination on the basis of disability, unless
the public entity can demonstrate that making the modifications would
fundamentally alter the nature of the service, program, or activity.
(8) A public entity shall not impose or apply eligibility criteria
that screen out or tend to screen out an individual with a disability
or any class of individuals with disabilities from fully and equally
enjoying any service, program, or activity, unless such criteria can
be shown to be necessary for the provision of the service, program, or
activity being offered.
(c) Nothing in this part prohibits a public entity from providing
benefits, services, or advantages to individuals with disabilities, or
to a particular class of individuals with disabilities beyond those
required by this part.
(d) A public entity shall administer services, programs, and
activities in the most integrated setting appropriate to the needs of
qualified individuals with disabilities.
(e)(1) Nothing in this part shall be construed to require an
individual with a disability to accept an accommodation, aid, service,
opportunity, or benefit provided under the ADA or this part which such
individual chooses not to accept.
(2) Nothing in the Act or this part authorizes the representative
or guardian of an individual with a disability to decline food, water,
medical treatment, or medical services for that individual.
(f) A public entity may not place a surcharge on a particular
individual with a disability or any group of individuals with
disabilities to cover the costs of measures, such as the provision of
auxiliary aids or program accessibility, that are required to provide
that individual or group with the nondiscriminatory treatment required
by the Act or this part.
(g) A public entity shall not exclude or otherwise deny equal
services, programs, or activities to an individual or entity because
of the known disability of an individual with whom the individual or
entity is known to have a relationship or association.