[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: 38CFR18.434]

[Page 26-27]
 
            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. 18.434  Education setting.

    (a) Academic setting. A recipient shall educate, or shall provide 
for the education of, each qualified handicapped person in its 
jurisdiction with persons who are not handicapped to the maximum extent 
appropriate to the needs of the handicapped person. A recipient shall 
place a handicapped person in the regular educational environment 
operated by the recipient unless it is demonstrated by the recipient 
that the education of the person in the regular environment with the use 
of supplementary aids and services cannot be achieved satisfactorily. In 
deciding whether to place a person in a setting other than the regular 
educational environment, a recipient shall consider the proximity of the 
alternate setting to the person's home.
    (b) Nonacademic settings. In providing or arranging for the 
provision of nonacademic and extracurricular services and activities, a 
recipient shall ensure that handicapped persons participate with 
nonhandicapped persons in those activities and services to the maximum 
extent appropriate to the needs of the handicapped person in question.
    (c) Comparable facilities. If a recipient in compliance with 
paragraph (a) of

[[Page 27]]

this section operates a facility that is identifiable as being for 
handicapped persons, the recipient shall ensure that the facility and 
the services and activities provided in that facility are comparable to 
the other facilities, services, and activities of the recipient.