20 USC § 1140h - Rule of construction

---
identifier: "/us/usc/t20/s1140h"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 1140h - Rule of construction"
title_number: 20
title_name: "EDUCATION"
section_number: "1140h"
section_name: "Rule of construction"
chapter_number: 28
chapter_name: "HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE"
subchapter_number: "VII"
subchapter_name: "GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS"
part_number: "D"
part_name: "Programs To Provide Students With Disabilities With a Quality Higher Education"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–329, title VII, § 768, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3367.)"
---


# § 1140h. 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; 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 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.).

---

**Source Credit**: (Pub. L. 89–329, title VII, § 768, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3367.)

## Editorial Notes

### References in Text

The Americans with Disabilities Act of 1990, referred to in par. (2), is , , , which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Rehabilitation Act of 1973, referred to in par. (2), is , , , which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in par. (2), is , , , which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.