---
kind: "section"
citation: "38 C.F.R. § 18.439"
title: "38"
number: "18.439"
heading: "Private education."
url: "https://uscodex.org/cfr/38/18.439"
---

# §18.439. 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 [§ 18.433(b)(1)](/cfr/38/18.433.md?p=b-1), within that recipient's program or activity.
- (b) A recipient may not charge more for providing 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 §§ [18.435](/cfr/38/18.435.md) and [18.436](/cfr/38/18.436.md). Each recipient to which this section applies is subject to §§ [18.434](/cfr/38/18.434.md), [18.437](/cfr/38/18.437.md), and [18.438](/cfr/38/18.438.md).

## Notes

### Amendments

[45 FR 63268, Sept. 24, 1980, as amended at 68 FR 51370, Aug. 26, 2003]

### Authority

Authority: 29 U.S.C. 706, 794.

### Source

Source: 45 FR 63268, Sept. 24, 1980, unless otherwise noted.

### Amendments

[45 FR 63268, Sept. 24, 1980, as amended at 68 FR 51370, Aug. 26, 2003]