34 C.F.R. § 104.34

Educational setting

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(a) Academic setting. A recipient to which this subpart applies shall educate, or shall provide for the education of, each qualified handicapped person in its jurisdiction with persons who are not handicapped to the maximum extent appropriate to the needs of the handicapped person. A recipient shall place a handicapped person in the regular educational environment operated by the recipient unless it is demonstrated by the recipient that the education of the person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Whenever a recipient places a person in a setting other than the regular educational environment pursuant to this paragraph, it shall take into account the proximity of the alternate setting to the person's home.

(b) Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in § 104.37(a)(2), a recipient shall ensure that handicapped persons participate with nonhandicapped persons in such activities and services to the maximum extent appropriate to the needs of the handicapped person in question.

(c) Comparable facilities. If a recipient, in compliance with paragraph (a) of this section, operates a facility that is identifiable as being for handicapped persons, the recipient shall ensure that the facility and the services and activities provided therein are comparable to the other facilities, services, and activities of the recipient.

Notes of Decisions

Cited in 34 cases (6 in the last 5 years), 1981–2026 · leading case: A.G. Ex Rel. Grundemann v. Paradise Valley Unified Sch. Dist. No. 69, 815 F.3d 1195 (9th Cir. 2016).

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A.G. Ex Rel. Grundemann v. Paradise Valley Unified Sch. Dist. No. 69, 815 F.3d 1195 (9th Cir. 2016). · cites it 2× “33 requires a school district to provide “regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon adherence…”

Mark H. Ex Rel. Michelle H. v. Lemahieu, 513 F.3d 922 (9th Cir. 2008). · cites it 2× “34 C.F.R. § 104.34 (c). The remaining cross-referenced regulations, 34 C.”

Molly L. Ex Rel. B.L. v. Lower Merion Sch. Dist., 194 F. Supp. 2d 422 (E.D. Pa. 2002). · cites it 2× “An “appropriate” education “is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon…”

A.M. ex rel. J.M. v. NYC Dep't of Educ., 840 F. Supp. 2d 660 (E.D.N.Y 2012). “” 34 C.F.R. § 104.34 (b) (emphasis added). Thus, “a student may have a viable discrimination claim even if his or her academic performance is satisfactory, provided the student establishes that he or she does not enjoy equal access to the school’s programs.”

J.W. Ex Rel. J.E.W. v. Fresno Unified Sch. Dist., 570 F. Supp. 2d 1212 (E.D. Cal. 2008). · cites it 3× “34 C.F.R. § 104.34 . Federally-funded elementary *1225 schools must evaluate the student and ensure proper placement.”

A.H. ex rel. Holzmueller v. Illinois High Sch. Ass'n, 263 F. Supp. 3d 705 (N.D. Ill. 2017). “37 (c) and 34 C.F.R. § 104.34 (b). These regulations actually appear to contemplate circumstances in which it would be permissible to create a separate program (as long as no student is prevented from joining a mainstream team and doing so would be "appropriate to the needs of…”

C.O. v. Portland Pub. Schs., 679 F.3d 1162 (9th Cir. 2012). “§ 1412 (a)(5); 34 C.F.R. § 104.34 (a). Oman has not alleged that the District failed to meet this requirement.”

Thomas F. Smith, Jr. v. Cumberland Sch. Comm., 703 F.2d 4 (1st Cir. 1983). “34 C.F.R. 104.34. Compliance with the EAHCA is deemed to satisfy the Rehabilitation Act regulation.”

H. Ex Rel. T.H. v. Montgomery Cnty. Bd. of Educ., 784 F. Supp. 2d 1247 (M.D. Ala. 2011). “” 34 C.F.R. § 104.34 (a). Section 104.35 describes requirements for evaluating students who need or are suspected to need special education or related services due to handicap.”

Centennial Sch. v. Phil L. Ex Rel. Matthew L., 799 F. Supp. 2d 473 (E.D. Pa. 2011). “” An “appropriate” education “is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon…”

M.L., a Minor C.D. & S.L., His Parents v. Fed. Way Sch. Dist. Washington Superintendent of Pub. Instruction, 341 F.3d 1052 (9th Cir. 2003). “A (interpreting 34 C.F.R. § 104.34 ) (same). If a student continuously exhibits aggressive and distracting behaviors such as tantrums or physical aggression, a school district may reasonably conclude that the student would have a detrimental effect on the regular classroom.”

Maus v. Wappingers Cent. Sch. Dist., 688 F. Supp. 2d 282 (S.D.N.Y. 2010). “3d at 71 (quoting 34 C.F.R. § 104.34 (a)). In order to show a violation of Section 504 or the ADA in the context of providing an education to a child with disabilities, a plaintiff must show that a school district “acted with bad faith or gross misjudgment.”

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