[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR84.39]

[Page 340]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 84--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
        Subpart D--Preschool, Elementary, and Secondary Education
 
Sec. 84.39  Private education programs.

    (a) A recipient that operates a private elementary or secondary 
education program may not, on the basis of handicap, exclude a qualified 
handicapped person from such program if the person can, with minor 
adjustments, be provided an appropriate education, as defined in Sec. 
84.33(b)(1), within the recipient's program.
    (b) A recipient to which this section applies may not charge more 
for the provision of an appropriate education to handicapped persons 
than to nonhandicapped persons except to the extent that any additional 
charge is justified by a substantial increase in cost to the recipient.
    (c) A recipient to which this section applies that operates special 
education programs shall operate such programs in accordance with the 
provisions of Sec.Sec. 84.35 and 84.36. Each recipient to which this 
section applies is subject to the provisions of Sec.Sec. 84.34, 84.37, 
and 84.38.