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20 U.S.C. § 1140k — Rule of construction

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1140k — Rule of construction

Nothing in this subpart shall be construed to reduce or expand— (1) the obligation of a State or local educational agency to provide a free appropriate public education, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or (2) eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim) et seq.).

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Source location: Title 20, Chapter 28, § 1140k; chapter-028-higher-education-resources-and-student-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1401 — Definitions

Except as otherwise provided, in this chapter: (1) **Assistive technology device** (A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) **Child with a disability** (A) *In general* — The term “child with a disabil

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1140k — Definition of student with a print dis-

Page 817 TITLE 20—EDUCATION § 1140l essary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Reservation of funds For any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agree- ment to establish the coordinating center under section 1140q(b) of this title, in an amount that is— (1) not less than $240,000 for any year in which the amount appropriated to carry out this subpart is $8,000,000 or less; or (2) equal to 3 percent of the amount appro- priated to carry out this subpart for any year in which such amount appropriated is greater than $8,000,000. (Pub. L. 89–329, title VII, § 769, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3367.) SUBPART 3—COMMISSION ON ACCESSIBLE MATE- RIALS; PROGRAMS TO SUPPORT IMPROVED AC- CESS TO MATERIALS § 1140k. Definition of student with a print dis- ability In this subpart, the term ‘‘student with a print disability’’ means a student with a disability who experiences barriers to accessing instruc- tional material in nonspecialized formats, in- cluding an individual described in section 121(d)(2) of title 17. (Pub. L. 89–329, title VII, § 771, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3367.) Editorial Notes REFERENCES IN TEXT Section 121(d) of title 17, referred to in text, was amended by Pub. L. 115–261, § 2(a)(1)(D), Oct. 9, 2018, 132 Stat. 3667, and no longer defines blind or other persons with disabilities. However, section 121(d) of title 17, as amended, does define ‘‘eligible person’’ to include blind persons, persons with visual impairment or perceptual or reading disability, and persons with other physical disabilities that inhibit reading skills

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

Page 8659 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. CHAPTER 144—DEVELOPMENTAL DISABIL- ITIES ASSISTANCE AND BILL OF RIGHTS SUBCHAPTER I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES PART A—GENERAL PROVISIONS Sec. 15001. Findings, purposes, and policy. 15002. Definitions. 15003. Records and audits. 15004. Responsibilities of the Secretary. 15005. Reports of the Secretary. 15006. State control of operations. 15007. Employment of individuals with disabilities. 15008. Construction. 15009. Rights of individuals with developmental dis- abilities. PART B—FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL DISABILITIES 15021. Purpose. 15022. State allotments. 15023. Payments to the States for planning, admin- istration, and services. 15024. State plan. 15025. State Councils on Developmental Disabilities and designated State agencies. 15026. Federal and non-Federal share. 15027. Withholding of payments for planning, ad- ministration, and services. 15028. Appeals by States. 15029. Authorization of appropriations. PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 15041. Purpose. 15042. Allotments and payments. 15043. System required. 15044. Administration. 1504

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