45 C.F.R. § 84.38

Childcare, preschool, elementary and secondary, and adult education

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A recipient to which this subpart applies that provides childcare, preschool, elementary and secondary, or adult education may not, on the basis of disability, exclude qualified individuals with disabilities and shall take into account the needs of such persons in determining the aids, benefits, or services to be provided.

[89 FR 40187, May 9, 2024]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Colella v. Starpoint Cent. Sch. Dist. (W.D.N.Y. 2025).
Colella v. Starpoint Cent. Sch. Dist. (W.D.N.Y. 2025). “2021) (quoting 45 C.F.R. § 84.38 ()(2)(ii)). Here, the record does not support that A.”
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