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(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 § 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 non handicapped 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 §§ 104.35 and 104.36. Each recipient to which this section applies is subject to the provisions of §§ 104.34, 104.37, and 104.38.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 1405 - Employment of individuals with disabilities
§ 794 - Nondiscrimination under Federal grants and programs
Title 34 published on 04-May-2018 03:40
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 104 after this date.
Rosa's Law changes references to “mental retardation” in Federal law to “intellectual disability” or “intellectual disabilities.” These final regulations implement this statutory change in applicable Department of Education regulations.
The Department of Education (Department or Education) provides notice of its interpretation of Section 504 of the Rehabilitation Act of 1973 and the Department's implementing regulations, which prohibit discrimination on the basis of disability in federally assisted programs and activities (Education's Section 504 regulations). Among other things, Education's Section 504 regulations address the accessibility and usability of a recipient's facilities by persons with disabilities. This document explains that for new construction and alterations commenced on or after September 15, 2010, we will permit recipients of Federal financial assistance from the Department to use an additional alternative accessibility standard in lieu of the Uniform Federal Accessibility Standards (UFAS) for the purpose of complying with Section 504. Specifically, we will permit the use of the U. S. Department of Justice's 2010 ADA Standards for Accessible Design as defined in the Americans with Disabilities Act (ADA) Title II regulation (referred to in this notice as the 2010 Title II ADA Standards) except that Exception (1) to Section 206.2.3 does not apply. Use of the 2010 Title II ADA Standards will not be required as a means of compliance with Section 504, however, until the Department revises its Section 504 regulations to formally adopt the 2010 Title II ADA Standards in lieu of UFAS.