[nfbmi-talk] section 504 discrimination prohibited
joe harcz Comcast
joeharcz at comcast.net
Thu Apr 15 00:23:47 UTC 2010
April 3, 2010
The implications of using an arcane civil service requirement to deny blind students at MCB TC the opportunity of the Marksmanship Class is clear here in this segment of 504 regulations. One might also refer to similar requirements under Title II of the ADA. Also one need only look at the retaliation provisions of both 504 and the ADA to denote the additional prohibited act of discrimination against Ms. Christine boone in this regard.
DELEG and MCB discriminated illegally against both the students and Ms. Boone. This is clear on its face. But, these aren't the only acts of discrimination against people with disabilities in general and those who are blind in particular practiced by DELEG, MCB, and MCB Director and State ADA Coordinator Patrick Cannonn. They are only the proverbial tip of a huge iceberg.
>From Section 504 Regulations:
§ 104.4 Discrimination prohibited.
(a) General. 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 activitiy which
receives Federal financial assistance.
(b) Discriminatory actions prohibited. (1) A recipient, 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 as that provided to others;
(iv) Provide different or separate aid, benefits, or services
to handicapped persons or to any class of handicapped persons 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) Aid or perpetuate discrimination against a qualified
handicapped person by providing significant assistance to an agency,
organization, or person that discriminates on the basis of handicap in providing
any aid, benefit, or service to beneficiaries of the recipients program or
(vi) Deny a qualified handicapped person the opportunity to
participate as a member of planning or advisory boards; or
(vii) Otherwise limit a qualified handicapped person 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 handicapped and nonhandicapped persons, but must afford
handicapped persons 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) Despite the existence of separate or different aid,
benefits, or services provided in accordance with this part, a recipient may not
deny a qualified handicapped person the opportunity to participate in such aid,
benefits, or services that are not separate or different.
(4) 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 handicapped persons to discrimination on the
basis of handicap, (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 handicapped persons, 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.
(5) 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 handicapped persons 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 handicapped persons.
(6) 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.
(c) Aid, benefits or services limited by Federal law. The
exclusion of nonhandicapped persons from aid, benefits, or services limited by
Federal statute or executive order to handicapped persons or the exclusion of a
specific class of handicapped persons from aid, benefits, or services limited by
Federal statute or executive order to a different class of handicapped persons
is not prohibited by this part.
More information about the NFBMI-Talk