[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: 45CFR605.38] [Page 92] 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. 605.38 Preschool and adult education. A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into account the needs of such persons in determining the aid, benefits, or services to be provided. [47 FR 8573, Mar. 1, 1982, as amended at 68 FR 51381, Aug. 26, 2003]