20 U.S.C. § 1402 — Office of Special Education Programs

Page 935 TITLE 20—EDUCATION § 1404 ficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.’’ 2010—Par. (3)(A)(i). Pub. L. 111–256, § 2(b)(2)(A), sub- stituted ‘‘with intellectual disabilities’’ for ‘‘with men- tal retardation’’. Par. (30)(C). Pub. L. 111–256, § 2(b)(2)(B), substituted ‘‘of intellectual disabilities’’ for ‘‘of mental retarda- tion’’. 2008—Par. (17)(B). Pub. L. 110–315 substituted ‘‘college or university’’ for ‘‘community college’’ and ‘‘the Trib- ally Controlled Colleges and Universities Assistance Act of 1978’’ for ‘‘the Tribally Controlled College or University Assistance Act of 1978’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE Section effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of this title. § 1402. Office of Special Education Programs (a) Establishment There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the prin- cipal agency in the Department for admin- istering and carrying out this chapter and other programs and activities concerning the edu- cation of children with disabilities. (b) Director The Office established under subsection (a) shall be headed by a Director who shall be se- lected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. (c) Voluntary and uncompensated services Notwithstanding section 1342 of title 31, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this chapter. (Pub. L. 91–230, title VI, § 603, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.) Editorial Notes PRIOR PROVISIONS A prior section 1402, Pub. L. 91–230, title VI, § 603, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 46, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1402, Pub. L. 91–230, title VI, § 603, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 612(a), Aug. 21, 1974, 88 Stat. 579; Pub. L. 98–199, § 3(a), Dec. 2, 1983, 97 Stat. 1357; Pub. L. 101–476, title IX, § 901(b)(21), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1403. Abrogation of State sovereign immunity (a) In general A State shall not be immune under the 11th amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter. (b) Remedies In a suit against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a viola- tion to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State. (c) Effective date Subsections (a) and (b) apply with respect to violations that occur in whole or part after Oc- tober 30, 1990. (Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.) Editorial Notes PRIOR PROVISIONS A prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 101–476, title I, § 103, Oct. 30, 1990, 104 Stat. 1106, related to abrogation of State sovereign immunity, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 105–17. Another prior section 1403, Pub. L. 91–230, title VI, § 604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§ 3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, § 4, Dec. 2, 1983, 97 Stat. 1358, established the National Advi- sory Committee on the Education of Handicapped Chil- dren and Youth, prior to repeal by Pub. L. 99–457, title IV, § 407, Oct. 8, 1986, 100 Stat. 1177. § 1404. Acquisition of equipment; construction or alteration of facilities (a) In general If the Secretary determines that a program authorized under this chapter will be improved by permitting program funds to be used to ac- quire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. (b) Compliance with certain regulations Any construction of new facilities or alter- ation of existing facilities under subsection (a) shall comply with the requirements of— (1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the ‘‘Americans with Disabilities Accessibility Guidelines for Buildings and Facilities’’); or (2) appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the ‘‘Uniform Federal Accessibility Standards’’). (Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)