[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR605.34]



[Page 90]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 605_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

        Subpart D_Preschool, Elementary, and Secondary Education

 

Sec. 605.34  Educational setting.



    (a) Academic setting. A recipient to which this subpart applies 

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. Whenever a recipient places a person 

in a setting other than the regular educational environment pursuant to 

this paragraph, it shall take into account 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, 

including meals, recess periods, and the services and activities set 

forth in Sec. 605.37(a)(2), a recipient shall ensure that handicapped 

persons participate with nonhandicapped persons in such 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 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 therein are comparable 

to the other facilities, services, and activities of the recipient.