34 CFR § 104.10 - Effect of state or local law or other requirements and effect of employment opportunities.

---
identifier: "/us/cfr/t34/s104.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 104.10 - Effect of state or local law or other requirements and effect of employment opportunities."
title_number: 34
title_name: "Education"
section_number: "104.10"
section_name: "Effect of state or local law or other requirements and effect of employment opportunities."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "104"
part_name: "NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1405; 29 U.S.C. 794; Pub. L. 111-256, 124 Stat. 2643."
regulatory_source: "45 FR 30936, May 9, 1980, unless otherwise noted."
cfr_part: "104"
---


# 104.10 Effect of state or local law or other requirements and effect of employment opportunities.

(a) The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that, on the basis of handicap, imposes prohibitions or limits upon the eligibility of qualified handicapped persons to receive services or to practice any occupation or profession.

(b) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped persons than for nonhandicapped persons.