34 CFR § 104.39 - Private education.

---
identifier: "/us/cfr/t34/s104.39"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 104.39 - Private education."
title_number: 34
title_name: "Education"
section_number: "104.39"
section_name: "Private education."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "104"
part_name: "NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1405; 29 U.S.C. 794; Pub. L. 111-256, 124 Stat. 2643."
regulatory_source: "45 FR 30936, May 9, 1980, unless otherwise noted."
cfr_part: "104"
---


# 104.39 Private education.

(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]