34 C.F.R. § 104.39

Private education

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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 nonhandicapped 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.

[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1998–2022 · leading case: Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater Chicago, 786 F.3d 510 (7th Cir. 2015).

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Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater Chicago, 786 F.3d 510 (7th Cir. 2015). “See 34 C.F.R. § 104.39 ; 65 Fed.Reg. 68050, 68051 (Nov.”

Lower Merion Sch. Dist. v. Doe, 878 A.2d 925 (Pa. Commw. Ct. 2005). · cites it 4× “Moreover, a private school that receives federal funding can charge to provide services, 34 C.F.R. § 104.39 (b); therefore, even if Parents Doe could obtain Section 504 services for Student Doe from the private school, those services might not be free.”

P.N. v. Greco, 282 F. Supp. 2d 221 (D.N.J. 2003). “See also, 34 C.F.R. § 104.39 . The Court of Appeals has observed that the requirements imposed under § 504 substantially duplicate those provided under the IDEA.”

St. Johnsbury Academy v. D.H., 20 F. Supp. 2d 675 (D. Vt. 1998). “” 34 C.F.R. § 104.39 . Before turning to the Academy’s compliance with Section 504, a prima facie claim must be established.”

Doe v. Abington Friends Sch. (E.D. Pa. 2022). “34 C.F.R. § 104.39 (a). Doe alleges that AFS did not provide any accommodations during Doe’s ninth-grade year.”

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