[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR104.38] [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. 104.38 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. [65 FR 68055, Nov. 13, 2000]