[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.39]



[Page 381]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_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.  104.39  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.  104.33(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.  

104.35 and 104.36. Each recipient to which this section applies is 

subject to the provisions of Sec. Sec.  104.34, 104.37, and 104.38.



[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]



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