---DISCLAIMER---

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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.