[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: 45CFR605.39]



[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. 605.39  Private education.



    (a) A recipient that provides private elementary or secondary 

education may not, on the basis of handicap, exclude a qualified 

handicapped person if the person can, with minor adjustments, be 

provided an appropriate education, as defined in Sec. 605.33(b)(1), 

within that recipient's program or activity.

    (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 provides special 

education shall do so in accordance with the provisions of Sec. Sec. 

605.35 and 605.36. Each recipient to which this section applies is 

subject to the provisions of Sec. Sec. 605.34, 605.37 and 605.38.



[47 FR 8573, Mar. 1, 1982, as amended at 68 FR 51381, Aug. 26, 2003]