(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 § 84.37(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.