Title 20 — Education
Chapter 33 — Education of Individuals with Disabilities
§ 1404. Acquisition of equipment; construction or alteration of facilities
Statutory text
In general
If the Secretary determines that a program authorized under this chapter will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes.
Compliance with certain regulations
Any construction of new facilities or alteration of existing facilities under subsection (a) shall comply with the requirements of—
appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Accessibility Guidelines for Buildings and Facilities”); or
appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).
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.
Education of the Handicapped Act
Pub. L. 91–230 title VI § 605 · 84 Stat. 121
Enacted · 20 U.S.C. § 1404
(Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
Source evidence
Code source credit
(Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)Enacted provision · exact public law section
Sec. 605. acquisition of equipment and construction of necessary facilities (a) In the case of any program authorized by this title, if the Commissioner determines that such program will be improved by permitting the funds authorized for such program to be used for the acquisition of equipment and the construction of necessary facilities, he may authorize the use of such funds for such purposes. (b) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which funds have been paid pursuant to a grant or contract under this title the facility constructed ceases to be used for the purposes for which it was constructed, the United States, unless the Secretary determines that there is good cause for releasing the recipient of the funds from its obligation, shall be entitled to recover from the applicant or other owner of the facility an amount which bears the same ratio to the then value of the facility as the amount of such Federal funds bore to the cost of the portion of the facility financed with such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1404, Pub. L. 91–230, title VI, § 605, as added Pub. L. 105–17, title I, § 101, , 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, , 84 Stat. 177; Pub. L. 98–199, § 3(b), , 97 Stat. 1358; Pub. L. 100–630, title I, § 101(b), , 102 Stat. 3290; Pub. L. 102–119, § 25(a)(2), , 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.
Credits
(Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, , 118 Stat. 2659.)