45 C.F.R. § 84.31
Application of this subpart
This subpart applies to childcare, preschool, elementary and secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities.
Notes of Decisions
Cited in 8
cases, 1977–1996 · leading case: Garrity v. Gallen
Garrity v. Gallen (1981)
“Section 504; Subpart D — Preschool, Elementary and Secondary Education ( 45 C.F.R. § 84.31 , et seq.). Because the provisions of Subpart D of § 504 are so closely aligned with the provisions of the Education for All Handicapped Children Act, 20 U.”
Joyce Ann Beauford v. Father Flanagan's Boys' Home, Joyce Ann Beauford v. Father Flanagan's Boys' Home (1987)
“The subheading having to do with preschool, elementary and secondary education corresponds to "Subpart — D Preschool, Elementary and Secondary Education," 45 C.F.R. § 84.31 , and third subheading to "Subpart E, Post Secondary Education," 45 C.”
Colin and Alan K., Minors by John K., Their Next Friend and Father v. Thomas C. Schmidt, Middletown School Committee, Co (1983)
“8 In light of the existence of regulations, promulgated pursuant to section 504 by the Secretary of HEW, which require educational programs that receive federal financial assistance to provide to handicapped children a free appropriate education, including, if necessary, the…”
Poole v. South Plainfield Board of Education (1980)
“It is clear from 45 CFR § 84.31 that these regulations are applicable to a recipient, even though the funds received are not for the specific program involved in the handicapped person’s claims.”
New Mexico Ass'n for Retarded Citizens v. New Mexico (1980)
“” 45 CFR 84.31. Although the State does not operate education programs in a literal sense, the regulations apply “to recipients .”
State v. Dolan (1977)
“), and proposed regulations thereunder 45 CFR 84.31 and 45 CFR 84.34. Even if Federal financial assistance to the Department of Mental Hygiene, as set forth in the second supplemental brief submitted by amicus, could be accepted as factually asserted by one with personal…”
T.B. ex rel. Cubra v. State ex rel. Children, Youth & Families Department (1996)
“The regulations the GaL cites for the proposition that the right to a surrogate parent and a free appropriate public education is also secured by the Rehabilitation Act apply “to preschool, elementary, secondary, and adult education programs and activities that receive or…”
Matter of Tb (1996)
“The regulations the GaL cites for the proposition that the right to a surrogate parent and a free appropriate public education is also secured by the Rehabilitation Act apply "to preschool, elementary, secondary, and adult education programs and activities that receive or…”
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