Section 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) , 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 and 18.436 . Each recipient to which this section applies is subject to §§ 18.434 , 18.437 , and 18.438 .45 FR 63268, Sept. 24, 1980, as amended at 68 FR 51370 , Aug. 26, 2003