---
kind: "section"
citation: "20 U.S.C. § 1404"
title: "20"
title_heading: "Education"
number: "1404"
heading: "Acquisition of equipment; construction or alteration of facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1404"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter I — General Provisions"
---

# §1404. Acquisition of equipment; construction or alteration of facilities

- (a) **In general—** If the [Secretary](/usc/20/1401.md?p=28) determines that a program authorized under this chapter will be improved by permitting program funds to be used to acquire appropriate [equipment](/usc/20/1401.md?p=7), or to construct new facilities or alter existing facilities, the [Secretary](/usc/20/1401.md?p=28) is authorized to allow the use of those funds for those purposes.
- (b) **Compliance with certain regulations—** Any construction of new facilities or alteration of existing facilities under [subsection (a)](#a) shall comply with the requirements of—
  - (1) appendix A of part [36](/usc/28a/app-36.md) 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”).

## Source credit

(Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1404, Pub. L. 91–230, title VI, § 605, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to the acquisition of equipment and construction or alteration of facilities, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1404, Pub. L. 91–230, title VI, § 605, Apr. 13, 1970, 84 Stat. 177; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 101(b), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 102–119, § 25(a)(2), Oct. 7, 1991, 105 Stat. 605, related to acquisition of equipment and construction of necessary facilities, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.