---
kind: "section"
citation: "20 U.S.C. § 1140h"
title: "20"
title_heading: "Education"
number: "1140h"
heading: "Rule of construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1140h"
units:
  - "Chapter 28 — Higher Education Resources and Student Assistance"
  - "Subchapter VII — Graduate and Postsecondary Improvement Programs"
  - "Part D — Programs To Provide Students With Disabilities With a Quality Higher Education"
  - "Subpart 2 — transition programs for students with intellectual disabilities into higher education"
---

# §1140h. Rule of construction


Nothing in this subpart shall be construed to reduce or expand—

- (1) the obligation of a [State](/usc/20/1003.md?p=21-A) or [local educational agency](/usc/20/1003.md?p=11) to provide a free appropriate public education, as defined in [section 1401 of this title](/usc/20/1401.md); or
- (2) eligibility requirements under any Federal, [State](/usc/20/1003.md?p=21-A), or local [disability](/usc/20/1003.md?p=6) law, including the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](/usc/42/12101.md) et seq.), the Rehabilitation Act of 1973 ([29 U.S.C. 701](/usc/29/701.md) et seq.), or the Developmental [Disabilities](/usc/20/1003.md?p=6) Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15001](/usc/42/15001.md) 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.)

## Notes

### Editorial Notes

### References in Text

The Americans with Disabilities Act of 1990, referred to in par. (2), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, 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 section 12101 of Title 42 and Tables.

The Rehabilitation Act of 1973, referred to in par. (2), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, 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 section 701 of Title 29 and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in par. (2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677, 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 section 15001 of Title 42 and Tables.