[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2401 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2401
To amend the Higher Education Act of 1965 to provide students with
disabilities and their families with access to critical information
needed to select the right college and succeed once enrolled.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Bonamici (for herself, Mr. Bucshon, Mr. Courtney, Mrs. Rodgers of
Washington, and Mr. Molinaro) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide students with
disabilities and their families with access to critical information
needed to select the right college and succeed once enrolled.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respond, Innovate, Succeed, and
Empower Act'' or the ``RISE Act''.
SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.
Section 103(6) of the Higher Education Act of 1965 (20 U.S.C.
1003(6)) is amended by striking ``section 3(2)'' and inserting
``section 3''.
SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED
IN COLLEGE.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30)(A) The institution will carry out the following:
``(i) Adopt policies that make any of the following
documentation submitted by an individual sufficient to
establish that such individual is an individual with a
disability:
``(I) Documentation that the individual has
had an individualized education program (IEP)
in accordance with section 614(d) of the
Individuals with Disabilities Education Act,
including an IEP that may not be current on the
date of the determination that the individual
has a disability. The institution may ask for
additional documentation from an individual who
had an IEP but who was subsequently evaluated
and determined to be ineligible for services
under the Individuals with Disabilities
Education Act, including an individual
determined to be ineligible during elementary
school.
``(II) Documentation describing services or
accommodations provided to the individual
pursuant to section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) (commonly referred
to as a `Section 504 plan').
``(III) A plan or record of service for the
individual from a private school, a local
educational agency, a State educational agency,
or an institution of higher education provided
in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
``(IV) A record or evaluation from a
relevant licensed professional finding that the
individual has a disability.
``(V) A plan or record of disability from
another institution of higher education.
``(VI) Documentation of a disability due to
service in the uniformed services, as defined
in section 484C(a).
``(ii) Adopt policies that are transparent and
explicit regarding information about the process by
which the institution determines eligibility for
accommodations.
``(iii) Disseminate such information to students,
parents, and faculty in an accessible format, including
during any student orientation and making such
information readily available on a public website of
the institution.
``(B) Nothing in this paragraph shall be construed to
preclude an institution from establishing less burdensome
criteria than that described in subparagraph (A) to establish
an individual as an individual with a disability and therefore
eligible for accommodations.''.
SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION
AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH
DISABILITIES.
Section 777(a) of the Higher Education Act of 1965 (20 U.S.C.
1140q(a)) is amended--
(1) in paragraph (1), by striking ``From amounts
appropriated under section 778,'' and inserting ``From amounts
appropriated under paragraph (5),''; and
(2) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.''.
SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by section 3, is further amended by adding at the
end the following:
``(31) The institution will submit, for inclusion in the
Integrated Postsecondary Education Data System (IPEDS) or any
other Federal postsecondary institution data collection effort,
key data related to undergraduate students enrolled at the
institution who are formally registered as students with
disabilities with the institution's office of disability
services (or the equivalent office), including the total number
of students with disabilities enrolled, the number of students
accessing or receiving accommodations, the percentage of
students with disabilities of all undergraduate students, and
the total number of undergraduate certificates or degrees
awarded to students with disabilities. An institution shall not
be required to submit the information described in the
preceding sentence if the number of such students would reveal
personally identifiable information about an individual
student.''.
SEC. 6. RULE OF CONSTRUCTION.
None of the amendments made by this Act shall be construed to
affect the meaning of the terms ``reasonable accommodation'' or
``record of impairment'' under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under
such Act.
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