[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.433]

[Page 25-26]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
   Subpart D--Nondiscrimination in Federally-Assisted Programs of the 
 Department of Veterans Affairs--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 18.433  Free appropriate public education.

    (a) General. A recipient that operates a public elementary or 
secondary education program shall provide a free appropriate public 
education to each qualified handicapped person who is in the recipient's 
jurisdiction, regardless of the nature or severity of the person's 
handicap.
    (b) Appropriate education. (1) The provision of an appropriate 
education is the provision of regular or special education and related 
aids and services that:
    (i) Are designed to meet individual educational needs of handicapped 
persons as adequately as the needs of nonhandicapped persons are met; 
and
    (ii) Are based upon adherence to procedures that satisfy the 
requirements of Secs. 18.434, 18.435, and 18.436.
    (2) Implementation of an individualized education program developed 
in accordance with the Education of the

[[Page 26]]

Handicapped Act is one means of meeting the standard established in 
paragraph (b)(1)(i) of this section.
    (3) A recipient may place a qualified handicapped person in or refer 
that person to a program other than the one that it operates as its 
means of carrying out the requirements of Secs. 18.431 through 18.439. 
The recipients remain responsible for ensuring that the requirements of 
Secs. 18.431 through 18.439 are met with respect to any qualified 
handicapped person so placed or referred.
    (c) Free education. (1) The provision of a free education is the 
provision of educational and related services without cost to the 
handicapped person, parents or guardian, except for those fees that are 
imposed on nonhandicapped persons or their parents or guardian. It may 
consist either of the provision of free services or, if a recipient 
places a handicapped person in or refers that person to a program not 
operated by the recipient as its means of carrying out the requirements 
of Secs. 18.431 through 18.439, of payment for the costs of the program. 
Funds available from any public or private agency may be used to meet 
the requirements of this subpart. Nothing in this section shall be 
construed to relieve an insurer or similar third party from an otherwise 
valid obligation to provide or pay for services provided to a 
handicapped person.
    (2) If a recipient places a handicapped person in or refers that 
person to a program not operated by the recipient as its means of 
carrying out the requirements of this subpart, the recipient shall 
ensure that adequate transportation to and from the program is provided 
at no greater cost than would be incurred by the person, parents or 
guardian if the person were placed in the program operated by the 
recipient.
    (3) If placement in a public or private residential program is 
necessary to provide free appropriate public education to a handicapped 
person because of his or her handicap, the program, including non-
medical care and room and board, shall be provided at no cost to the 
person, parents or guardian.
    (4) If a recipient has made available, in conformance with this 
section and Sec. 18.434, a free appropriate public education to a 
handicapped person and the person's parents or guardian chooses to place 
the person in a private school, the recipient is not required to pay for 
the person's education in the private school. Disagreements between a 
parent or guardian and a recipient regarding whether the recipient has 
made such a program available or regarding the question of financial 
responsibility are subject to the due process procedures of Sec. 18.436.
    (d) Compliance. A recipient may not exclude any qualified 
handicapped person from a public elementary or secondary education after 
the effective date of this part. A recipient that is not, on the 
effective date of this part, in full compliance with the requirements of 
paragraphs (a) through (c) of this section shall meet those requirements 
at the earliest practicable time, but not later than October 1, 1981.

[45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986; 
51 FR 12702, Apr. 15, 1986]