[Code of Federal Regulations] [Title 45, Volume 1] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR84.38] [Page 345] TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES PART 84_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. 84.38 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 aids, benefits, or services to be provided. [42 FR 22677, May 4, 1977, as amended at 70 FR 24320, May 9, 2005]