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Title 20 — Education

Part D · Chapter 28 — Higher Education Resources and Student Assistance

§ 1140. Definitions

Statutory text

In this part:

(1)

Comprehensive transition and postsecondary program for students with intellectual disabilities

The term “comprehensive transition and postsecondary program for students with intellectual disabilities” means a degree, certificate, or nondegree program that meets each of the following:

(A)

Is offered by an institution of higher education.

(B)

Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.

(C)

Includes an advising and curriculum structure.

(D)

Requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institution, with such participation focusing on academic components, and occurring through 1 or more of the following activities:

(i)

Regular enrollment in credit-bearing courses with nondisabled students offered by the institution.

(ii)

Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit.

(iii)

Enrollment in noncredit-bearing, nondegree courses with nondisabled students.

(iv)

Participation in internships or work-based training in settings with nondisabled individuals.

(E)

Requires students with intellectual disabilities to be socially and academically integrated with non-disabled students to the maximum extent possible.

(2)

Student with an intellectual disability

The term “student with an intellectual disability” means a student—

(A)

with a cognitive impairment, characterized by significant limitations in—

(i)

intellectual and cognitive functioning; and

(ii)

adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and

(B)

who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title VII § 760 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1140

    Pub. L. 89–329, title VII, § 760, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361

    Source evidence

    Code source credit
    Pub. L. 89–329, title VII, § 760, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361

  2. Pub. L. 111–39 title VII § 701(4) · 123 Stat. 1934

    1. Added · 20 U.S.C. § 1140(1)

      Pub. L. 111–39 added par. (1)

    2. Struck · 20 U.S.C. § 1140(1)

      Pub. L. 111–39 struck out former par. (1) which contained provisions substantially similar to new subpars. (A) to (D), defining “comprehensive transition and postsecondary program for students with intellectual disabilities”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–39 added par. (1) and struck out former par. (1) which contained provisions substantially similar to new subpars. (A) to (D), defining “comprehensive transition and postsecondary program for students with intellectual disabilities”.

    Enacted provision · exact public law section
    (4) in section 760 (20 U.S.C. 1140), by striking paragraph (1) and inserting the following: “(1) Comprehensive transition and postsecondary program for students with intellectual disabilities.— The term ‘comprehensive transition and postsecondary program for students with intellectual disabilities’ means a degree, certificate, or nondegree program that meets each of the following: “(A) Is offered by an institution of higher education. “(B) Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment. “(C) Includes an advising and curriculum structure. “(D) Requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institution, with such participation focusing on academic components, and occurring through 1 or more of the following activities: “(i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. “(ii) Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. “(iii) Enrollment in noncredit-bearing, nondegree courses with nondisabled students. “(iv) Participation in internships or work-based training in settings with nondisabled individuals. “(E) Requires students with intellectual disabilities to be socially and academically integrated with non-disabled students to the maximum extent possible.” ;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

  3. Rosa’s Law

    Pub. L. 111–256 § 2(a) · 124 Stat. 2643

    Struck · 20 U.S.C. § 1140(2)(A)

    Pub. L. 111–256 struck out “mental retardation or” before “a cognitive impairment”

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 111–256 struck out “mental retardation or” before “a cognitive impairment”.

    Enacted provision · exact public law section
    (a) Higher Education Act of 1965.— Section 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking “mental retardation or”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in par. (2)(B), is title VI of Pub. L. 91–230, , 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Prior Provisions

A prior section 1140, Pub. L. 89–329, title VII, § 761, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1801, stated the purpose of former part D, prior to repeal by Pub. L. 110–315, title VII, § 709(2), , 122 Stat. 3361.

Amendments2009–2010 · 2 rounds

2010

Par. (2)(A). Pub. L. 111–256 struck out “mental retardation or” before “a cognitive impairment”.

2009

Par. (1). Pub. L. 111–39 added par. (1) and struck out former par. (1) which contained provisions substantially similar to new subpars. (A) to (D), defining “comprehensive transition and postsecondary program for students with intellectual disabilities”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Definitions

For meaning of references to an intellectual disability 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.

Credits

2008–2010 · 3 acts
  1. 2008Pub. L. 89–329, title VII, § 760, as added Pub. L. 110–315, title VII, § 709(2), , 122 Stat. 3361
  2. 2009amended Pub. L. 111–39, title VII, § 701(4), , 123 Stat. 1954
  3. 2010Pub. L. 111–256, § 2(a), , 124 Stat. 2643.
Show as published

(Pub. L. 89–329, title VII, § 760, as added Pub. L. 110–315, title VII, § 709(2), , 122 Stat. 3361; amended Pub. L. 111–39, title VII, § 701(4), , 123 Stat. 1954; Pub. L. 111–256, § 2(a), , 124 Stat. 2643.)

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