[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15b.23]

[Page 408-409]
 
                          TITLE 7--AGRICULTURE
 
PART 15b_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
    Subpart D_Preschool, Elementary, Secondary, Adult, and Extension 
                                Education
 
Sec. 15b.23  Educational setting.

    (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 setting. 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 
Sec. 15b.26(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

[[Page 409]]

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.