Expanding Disability Access to Higher Education Act

I 116TH CONGRESS 1ST SESSION H. R. 4577 To amend the Higher Education Act of 1965 to promote the matriculation, and increase in the graduation rates, of individuals with disabilities within higher education. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 27, 2019 Ms. WILD (for herself, Mr. FITZPATRICK, Mr. LIPINSKI, Ms. DEAN, Mr. TRONE, Mr. SEAN PATRICK MALONEY of New York, Mr. HARDER of California, Mr. FOSTER, and Mrs. HAYES) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Higher Education Act of 1965 to promote the matriculation, and increase in the graduation rates, of individuals with disabilities within higher education. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expanding Disability 4 Access to Higher Education Act’’. 5 SEC. 2. FINDINGS AND PURPOSES. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4577 IH (1) Students who are low income attend institu- 1 tions of higher education at a rate significantly 2 lower than middle- and high-income students. 3 (2) Similarly, students who are first-generation 4 college students or are from minority backgrounds 5 attend institutions of higher education at lower rates 6 than the general public. 7 (3) Many students who are low income, first 8 generation, or minorities also have a disability. 9 (4) In the last decade, both high school and 10 postsecondary graduation rates for students with 11 disabilities were significantly lower than for students 12 without disabilities. 13 (5) In 2015, approximately 65 percent of the 14 total population of adults 25 to 34 years old had 15 completed some postsecondary education compared 16 with approximately 44 percent of adults with disabil- 17 ities in the same age range. 18 (6) For students with disabilities who do attend 19 an institution of higher education, only half will re- 20 ceive a diploma compared to 72 percent of students 21 without disabilities. 22 (7) Many researchers cite lack of support, such 23 as in-class accommodations, accessible housing, and 24 accessible technology, as a significant challenge as 25 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4577 IH students with disabilities transition from high school 1 to postsecondary education. 2 (8) As with their peers without disabilities who 3 are first-generation students or come from low-in- 4 come backgrounds, students who are first-generation 5 or low-income students with disabilities who receive 6 mentoring and support services can successfully pre- 7 pare for, enroll in, and graduate from postsecondary 8 education programs and gain greater economic con- 9 trol of their lives. 10 (b) SENSE OF CONGRESS.—It is the sense of Con- 11 gress that individuals with disabilities, particularly those 12 who are low income or first generation, should be able to 13 attend institutions of higher education at the same rate 14 as their peers in the general population. 15 (c) PURPOSES.—The purposes of this Act are the fol- 16 lowing: 17 (1) To provide first-generation or low-income 18 students with disabilities with information, support, 19 and resources to matriculate and complete a course 20 of study at an institution of higher education. 21 (2) To encourage and support first-generation 22 or low-income students with disabilities to achieve 23 postsecondary credentials that benefit them and 24 their communities both socially and economically. 25 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4577 IH (3) To increase the number of faculty with dis- 1 abilities in institutions of higher education. 2 (4) To provide programs authorized under 3 chapter 1 of subpart 2 of part A of title IV of the 4 Higher Education Act of 1965 (20 U.S.C. 1070a– 5 11) with the resources necessary to support first- 6 generation or low-income students with disabilities 7 to prepare for, enroll in, and graduate from institu- 8 tions of higher education. 9 SEC. 3. PREPARING AND SUPPORTING STUDENTS WITH 10 DISABILITIES FOR POSTSECONDARY EDU- 11 CATION. 12 Section 402A of the Higher Education Act of 1965 13 (20 U.S.C. 1070a–11) is amended— 14 (1) in subsection (c)(4)(A), by striking ‘‘, and 15 Native American Pacific Islanders (including Native 16 Hawaiians),’’ and inserting ‘‘, Native American Pa- 17 cific Islanders (including Native Hawaiians), and in- 18 dividuals with a disability (as defined in section 3 of 19 the Americans with Disabilities Act of 1990 (42 20 U.S.C. 12102)),’’; and 21 (2) by adding at the end the following: 22 ‘‘(i) PREPARING AND SUPPORTING STUDENTS WITH 23 DISABILITIES FOR POSTSECONDARY EDUCATION.— 24 ‘‘(1) FUNDS FOR FEDERAL TRIO PROGRAMS.— 25 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4577 IH ‘‘(A) IN GENERAL.— 1 ‘‘(i) AUTHORIZATION.—The Secretary 2 shall award funds under this paragraph, 3 on a competitive basis, to an eligible entity 4 that applies for a grant or contract for a 5 program under this chapter (except section 6 402E) and also applies for such funds 7 under this paragraph in order to serve eli- 8 gible students, as described in clause (ii). 9 The period for such award of funds under 10 this paragraph shall be the same period for 11 the associated grant or contract for a pro- 12 gram under this chapter (except section 13 402E) (referred to in this paragraph as 14 the ‘associated program’). 15 ‘‘(ii) ELIGIBLE STUDENTS.—An eligi- 16 ble student is described in this clause if the 17 student— 18 ‘‘(I) is eligible to receive assist- 19 ance under a program authorized 20 under this chapter (except section 21 402E); and 22 ‘‘(II) has an individualized edu- 23 cation program, as defined in section 24 602 of the Individuals with Disabil- 25 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4577 IH ities Education Act, is covered under 1 section 504 of the Rehabilitation Act 2 of 1973 (29 U.S.C. 794), or has other 3 documentation establishing the stu- 4 dent’s disability (as such term is de- 5 fined in section 3 of the Americans 6 with Disabilities Act of 1990 (42 7 U.S.C. 12102)), such as— 8 ‘‘(aa) a sensory disability; 9 ‘‘(bb) a physical disability; 10 ‘‘(cc) a mental disability; or 11 ‘‘(dd) a self-care disability. 12 ‘‘(B) APPLICATION.— 13 ‘‘(i) IN GENERAL.—Except as pro- 14 vided in clause (ii), an applicant for a 15 grant or contract for a program under this 16 chapter (except section 402E) that desires 17 to receive funds under this paragraph shall 18 submit an application for such funds to the 19 Secretary at the same time such applicant 20 submits an application for the grant or 21 contract for a program under this chapter 22 (except section 402E) (referred to in this 23 paragraph as the ‘associated application’). 24 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4577 IH ‘‘(ii) APPLICATION MID-CYCLE.—An 1 applicant that desires to receive funds 2 under this paragraph that, at the time 3 such applicant desires to apply for such 4 funds, has a grant or contract for a pro- 5 gram under this chapter (except section 6 402E) that is in existence may submit an 7 application for such funds to the Secretary 8 independent of an associated application. 9 ‘‘(iii) CONTENT OF APPLICATION.—An 10 application for funds under this paragraph 11 shall include the following: 12 ‘‘(I) A description of any pro- 13 grams being carried out under this 14 chapter by the applicant on the date 15 of the application, including the num- 16 ber of existing students served. 17 ‘‘(II) The number of eligible stu- 18 dents proposed to be served with 19 funds received under this paragraph. 20 ‘‘(III) The cost of serving such 21 students proposed to be served, in- 22 cluding a description of expenditures. 23 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4577 IH ‘‘(IV) An explanation of how 1 funds received under this paragraph 2 will be used for such students. 3 ‘‘(V) An explanation of how such 4 students proposed to be served will be 5 identified and enrolled. 6 ‘‘(C) AWARDING OF FUNDS.— 7 ‘‘(i) PRIORITY.—In awarding funds 8 under this paragraph, the Secretary shall 9 give priority to applicants that— 10 ‘‘(I) have established programs 11 funded under this chapter; and 12 ‘‘(II) describe how eligible stu- 13 dents proposed to be served will be in- 14 cluded in the established associated 15 program. 16 ‘‘(ii) AMOUNT.—The Secretary shall 17 award funds under this paragraph to an 18 applicant in an amount that maximizes the 19 number of eligible students served in a 20 manner that meets such students’ needs 21 for successful programmatic outcomes. 22 ‘‘(iii) DISTRIBUTION.—The Secretary 23 shall award funds under this paragraph— 24 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4577 IH ‘‘(I) to not less than 10 percent 1 of all the eligible entities that, on the 2 date of enactment of the Expanding 3 Disability Access to Higher Education 4 Act, have a grant or contract awarded 5 under this chapter (except section 6 402E); and 7 ‘‘(II) across— 8 ‘‘(aa) geographic regions; 9 and 10 ‘‘(bb) sizes of programs. 11 ‘‘(iv) REQUIREMENTS.—In awarding 12 funds under this paragraph, the Secretary 13 shall— 14 ‘‘(I) require an assurance that— 15 ‘‘(aa) in the case in which 16 the associated program is under 17 section 402B, not less than two- 18 thirds of the eligible students 19 who are served with the funds 20 under this paragraph be low-in- 21 come individuals who are first- 22 generation college students; 23 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4577 IH ‘‘(bb) in the case in which 1 the associated program is under 2 section 402C— 3 ‘‘(AA) not less than 4 two-thirds of the eligible stu- 5 dents who are served with 6 the funds under this para- 7 graph be low-income individ- 8 uals who are first-generation 9 college students; and 10 ‘‘(BB) the remaining 11 eligible students who are 12 served with the funds under 13 this paragraph be low-in- 14 come individuals or first- 15 generation college students; 16 ‘‘(cc) in the case in which 17 the associated program is under 18 section 402D— 19 ‘‘(AA) not less than 20 two-thirds of the eligible stu- 21 dents who are served with 22 the funds under this para- 23 graph be low-income individ- 24 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4577 IH uals who are first-generation 1 college students; and 2 ‘‘(BB) the remaining 3 eligible students who are 4 served with the funds under 5 this paragraph be low-in- 6 come individuals or first- 7 generation college students; 8 and 9 ‘‘(dd) in the case in which 10 the associated program is under 11 section 402F— 12 ‘‘(AA) not less than 13 two-thirds of the eligible stu- 14 dents who are served with 15 the funds under this para- 16 graph be low-income individ- 17 uals who are first-generation 18 college students; and 19 ‘‘(BB) the eligible stu- 20 dents who are served with 21 the funds under this para- 22 graph are at least nineteen 23 years of age, unless the im- 24 position of such limitation 25 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4577 IH with respect to any person 1 would defeat the purposes of 2 this paragraph; 3 ‘‘(II) require an assurance that 4 such eligible students who are served 5 do not have access to services from 6 another program funded under this 7 chapter; 8 ‘‘(III) require an assurance that 9 the program funded under this para- 10 graph and the associated program 11 will— 12 ‘‘(aa) be accessible to the el- 13 igible students proposed to be 14 served by the program; 15 ‘‘(bb) serve all students, in- 16 cluding eligible students; 17 ‘‘(cc) incorporate universal 18 design for learning; and 19 ‘‘(dd) ensure that accom- 20 modations are provided as needed 21 for eligible students and address 22 how the program plans to enroll 23 such students; 24 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 4577 IH ‘‘(IV) require the program fund- 1 ed under this paragraph— 2 ‘‘(aa) to comply with all pro- 3 gram requirements of the associ- 4 ated program; and 5 ‘‘(bb) to include educational 6 assistance as determined nec- 7 essary for eligible students to 8 transition to postsecondary edu- 9 cation, such as— 10 ‘‘(AA) academic and so- 11 cial supports; 12 ‘‘(BB) student advising 13 and family engagement; 14 ‘‘(CC) college search 15 and application processes; 16 ‘‘(DD) financial plan- 17 ning; and 18 ‘‘(EE) targeted learn- 19 ing programs; 20 ‘‘(V) require an assurance that 21 the applicant will serve a number of 22 eligible students with the funds under 23 this paragraph that is not less than 24 VerDate Sep 11 2014 00:30 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4577.IH H4577 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 4577 IH the number determined under sub- 1 paragraph (D); and 2 ‘‘(VI) require an assurance 3 that— 4 ‘‘(aa) the funds under this 5 paragraph and funds provided 6 under the associated program 7 will be used to incorporate eligi- 8 ble students into the associated 9 program; and 10 ‘‘(bb) such eligible students 11 have access to all the program 12 services of the associated pro- 13 gram, as well as any additional 14 services they require to be full 15 participants in the associated 16 program. 17 ‘‘(D) NUMBER OF ELIGIBLE STUDENTS TO 18 BE SERVED.— 19 ‘‘(i) IN GENERAL.—An applicant that 20 receives funds under this paragraph shall 21 use such funds to serve eligi [Text truncated for display. 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