34 C.F.R. § 104.38

Preschool and adult education

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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]
Notes of Decisions
Cited in 2 cases, 2000–2004 · leading case: Bradshaw v. Cherry Creek Sch. Dist. No. 5, 98 P.3d 886 (Colo. Ct. App. 2004).
Bradshaw v. Cherry Creek Sch. Dist. No. 5, 98 P.3d 886 (Colo. Ct. App. 2004). · cites it 2× “Under the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by that entity.”
J.D. v. Pawlet Sch. Dist., 224 F.3d 60 (2d Cir. 2000). “34 C.F.R. § 104.38 (a)! An “appropriate education” within the meaning of § 504 means: 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…”
— 34 C.F.R. § 104.38(b) — 1 case
Bradshaw v. Cherry Creek Sch. Dist. No. 5, 98 P.3d 886 (Colo. Ct. App. 2004). “Under the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by that entity.”
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