Improving Access to Higher Education Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4643 To amend the Higher Education Act of 1965 to improve accessibility to, and completion of, postsecondary education for students, including stu- dents with disabilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 11, 2019 Mr. DESAULNIER (for himself, Mr. HUFFMAN, Mr. LANGEVIN, Mr. KHANNA, Mr. HARDER of California, and Ms. PRESSLEY) 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 improve accessibility to, and completion of, postsecondary edu- cation for students, including students with disabilities, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Improving Access to Higher Education Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4643 IH TITLE I—PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY HIGHER EDUCATION Sec. 101. Supporting postsecondary faculty, staff, and administrators in pro- viding accessible education. Sec. 102. Office of Accessibility. Sec. 103. Accessible instructional materials and technology. Sec. 104. Postsecondary programs for students with intellectual disabilities. Sec. 105. National Technical Assistance Center and National Coordinating Center for Inclusion of Students with Intellectual Disabilities. Sec. 106. Definitions. TITLE II—MISCELLANEOUS PROVISIONS Sec. 201. Submission of data with respect to students with disabilities. Sec. 202. Training for realtime writers to provide closed captioning and court reporting services. Sec. 203. Perfecting amendment. TITLE I—PROGRAMS TO PRO- 1 VIDE STUDENTS WITH DIS- 2 ABILITIES WITH A QUALITY 3 HIGHER EDUCATION 4 SEC. 101. SUPPORTING POSTSECONDARY FACULTY, STAFF, 5 AND ADMINISTRATORS IN PROVIDING ACCES- 6 SIBLE EDUCATION. 7 (a) GRANTS.—Section 762 of the Higher Education 8 Act of 1965 (20 U.S.C. 1140b) is amended to read as 9 follows: 10 ‘‘SEC. 762. GRANTS AUTHORIZED. 11 ‘‘(a) COMPETITIVE GRANTS AUTHORIZED TO SUP- 12 PORT POSTSECONDARY FACULTY, STAFF, AND ADMINIS- 13 TRATORS IN PROVIDING AN ACCESSIBLE EDUCATION.— 14 ‘‘(1) IN GENERAL.—From amounts appro- 15 priated under section 765C, the Secretary shall 16 award grants, on a competitive basis, to institutions 17 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4643 IH of higher education to enable the institutions to 1 carry out the activities under subsection (b). 2 ‘‘(2) AWARDS FOR PROFESSIONAL DEVELOP- 3 MENT AND TECHNICAL ASSISTANCE.—Not less than 4 5 grants shall be awarded to institutions of higher 5 education that provide professional development and 6 technical assistance in order to improve access to, 7 and completion of, postsecondary education for stu- 8 dents, including students with disabilities. 9 ‘‘(b) DURATION; ACTIVITIES.— 10 ‘‘(1) DURATION.—A grant under this section 11 shall be awarded for a period of 5 years. 12 ‘‘(2) AUTHORIZED ACTIVITIES.—A grant 13 awarded under this section shall be used to carry 14 out one or more of the following activities: 15 ‘‘(A) TEACHING METHODS AND STRATE- 16 GIES.—The development and implementation of 17 training to provide innovative, effective, and evi- 18 dence-based teaching methods and strategies, 19 consistent with the principles of universal de- 20 sign for learning, to provide postsecondary fac- 21 ulty, staff, and administrators with the skills 22 and supports necessary to teach and meet the 23 academic and programmatic needs of students 24 (including students with disabilities) in order to 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4643 IH improve the retention of such students in, and 1 the completion by such students of, postsec- 2 ondary education. Such methods and strategies 3 may include in-service training, professional de- 4 velopment, customized and general technical as- 5 sistance, workshops, summer institutes, dis- 6 tance learning, and training in the use of assist- 7 ive and educational technology. 8 ‘‘(B) IMPLEMENTING ACCOMMODATIONS.— 9 The development and implementation of train- 10 ing to provide postsecondary faculty, staff, and 11 administrators methods and strategies of pro- 12 viding appropriate accommodations consistent 13 with the principles of universal design (as de- 14 fined in section 103) for learning for students 15 with disabilities, including descriptions of legal 16 obligations of the institution of higher edu- 17 cation to provide such accommodations. 18 ‘‘(C) EFFECTIVE TRANSITION PRAC- 19 TICES.—The development and implementation 20 of innovative, effective, and evidence-based 21 teaching methods and strategies to provide 22 postsecondary faculty, staff, and administrators 23 with the skills and supports necessary to ensure 24 the successful and smooth transition of stu- 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4643 IH dents with disabilities from secondary school to 1 postsecondary education. The teaching methods 2 and strategies may include supporting students 3 in the development of self-advocacy skills to im- 4 prove transition to, and completion of, postsec- 5 ondary education. 6 ‘‘(D) DISTANCE LEARNING.—The develop- 7 ment and implementation of training to provide 8 innovative, effective, and evidence-based teach- 9 ing methods and strategies to enable postsec- 10 ondary faculty, staff, and administrators to pro- 11 vide accessible distance education programs or 12 classes that would enhance the access of stu- 13 dents (including students with disabilities) to 14 postsecondary education, including the use of 15 accessible curricula and electronic communica- 16 tion for instruction and advising that meet the 17 requirements of section 508 of the Rehabilita- 18 tion Act of 1973 (29 U.S.C. 794d). 19 ‘‘(E) CAREER PATHWAY GUIDANCE.—The 20 development and implementation of effective 21 and evidence-based teaching methods and strat- 22 egies to provide postsecondary faculty, staff, 23 and administrators with the ability to advise 24 students with disabilities with respect to their 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4643 IH chosen career pathway, which shall include at 1 least one of the following: 2 ‘‘(i) Supporting internships, appren- 3 ticeships registered under the Act of Au- 4 gust 16, 1937 (commonly known as the 5 ‘National Apprenticeship Act’; 50 Stat. 6 664, chapter 663; 29 U.S.C. 50 et seq.), or 7 work-based learning opportunities. 8 ‘‘(ii) Counseling on coursework to 9 meet the degree, certificate, or recognized 10 postsecondary credential appropriate for 11 the field chosen. 12 ‘‘(iii) Developing self-advocacy skills 13 to advocate for appropriate accommoda- 14 tions once in the workplace. 15 ‘‘(iv) Support with selecting a career 16 pathway that leads to competitive, inte- 17 grated employment. 18 ‘‘(3) MANDATORY EVALUATION AND DISSEMI- 19 NATION.—An institution of higher education award- 20 ed a grant under this section shall evaluate and dis- 21 seminate to other institutions of higher education 22 the information obtained through the activities de- 23 scribed in subparagraphs (A) through (E) of para- 24 graph (2). 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4643 IH ‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In 1 awarding grants under this section, the Secretary shall 2 consider the following: 3 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing 4 an equitable geographic distribution of such awards. 5 ‘‘(2) RURAL AND URBAN AREAS.—Distributing 6 such awards to urban and rural areas. 7 ‘‘(3) RANGE AND TYPE OF INSTITUTION.—En- 8 suring that the activities to be assisted are developed 9 for a range of types and sizes of institutions of high- 10 er education. 11 ‘‘(d) REPORTS.— 12 ‘‘(1) INITIAL REPORT.—Not later than one year 13 after the date of enactment of the this Act, the Sec- 14 retary shall prepare and submit to the authorizing 15 committees, and make available to the public, a re- 16 port on all projects awarded grants under this part, 17 including a review of the activities and program per- 18 formance of such projects based on existing informa- 19 tion as of the date of the report. 20 ‘‘(2) SUBSEQUENT REPORT.—Not later than 21 five years after the date of the first award of a grant 22 under this section after the date of the Improving 23 Access to Higher Education Act of 2019, the Sec- 24 retary shall prepare and submit to the authorizing 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4643 IH committees, and make available to the public, a re- 1 port that— 2 ‘‘(A) reviews the activities and program 3 performance of the projects authorized under 4 subsection (b); and 5 ‘‘(B) provides guidance and recommenda- 6 tions on how effective projects can be rep- 7 licated.’’. 8 (b) APPLICATIONS.—Section 763 of the Higher Edu- 9 cation Act of 1965 (20 U.S.C. 1140c) is amended to read 10 as follows: 11 ‘‘SEC. 763. APPLICATIONS. 12 ‘‘Each institution of higher education desiring to re- 13 ceive a grant under section 762 shall submit an applica- 14 tion to the Secretary at such time, in such manner, and 15 accompanied by such information as the Secretary may 16 require. Each application shall include— 17 ‘‘(1) a description of the activities authorized 18 under section 762(b) that the institution proposes to 19 carry out, and how such institution plans to conduct 20 such activities in order to further the purposes of 21 this subpart; 22 ‘‘(2) a description of how the institution con- 23 sulted with a broad range of people, including indi- 24 viduals with expertise in disability supports or spe- 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4643 IH cial education, within the institution to develop ac- 1 tivities for which assistance is sought; 2 ‘‘(3) a description of how the institution will co- 3 ordinate and collaborate with the office of accessi- 4 bility; and 5 ‘‘(4) a description of the extent to which the in- 6 stitution will work to replicate the research-based 7 and best practices of institutions of higher education 8 with demonstrated effectiveness in serving students 9 with disabilities.’’. 10 SEC. 102. OFFICE OF ACCESSIBILITY. 11 Subpart 1 of part D of title VII of the Higher Edu- 12 cation Act of 1965 (20 U.S.C. 1140a et seq.) is amend- 13 ed— 14 (1) by redesignating section 765 as section 15 765C; 16 (2) by inserting after section 764 the following: 17 ‘‘SEC. 765A. OFFICE OF ACCESSIBILITY. 18 ‘‘(a) ESTABLISHMENT.—Each institution of higher 19 education shall establish an office of accessibility to de- 20 velop and implement policies to support students who 21 enter postsecondary education with disabilities and stu- 22 dents who acquire a disability while enrolled in an institu- 23 tion of higher education. 24 ‘‘(b) DUTIES.—Each office of accessibility shall— 25 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4643 IH ‘‘(1) inform students, during student orienta- 1 tion, about services provided at the institution of 2 higher education, and continually update such infor- 3 mation through the accessibility office’s website and 4 other communications to improve accessibility of 5 such services; 6 ‘‘(2) provide information to students regarding 7 accommodations and modifications provided by the 8 institution of higher education with respect to in- 9 ternships, practicums, work-based learning, appren- 10 ticeships registered under the Act of August 16, 11 1937 (commonly known as the ‘National Apprentice- 12 ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 13 et seq.), or other work-related environments that— 14 ‘‘(A) the student may engage in through 15 courses; or 16 ‘‘(B) are necessary for completion of a de- 17 gree, certificate, or recognized postsecondary 18 credential; 19 ‘‘(3) provide information to students regarding 20 their legal rights under the Americans with Disabil- 21 ities Act (42 U.S.C. 12101 et seq.) and section 504 22 of the Rehabilitation Act (29 U.S.C. 794); and 23 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4643 IH ‘‘(4) in order to provide appropriate accom- 1 modations to students with disabilities, carry out the 2 following: 3 ‘‘(A) Adopt policies that, at a minimum, 4 make any of the following documentation sub- 5 mitted by an individual sufficient to establish 6 that such individual is an individual with a dis- 7 ability: 8 ‘‘(i) Documentation that the indi- 9 vidual has had an individualized education 10 program (IEP) in accordance with section 11 614(d) of the Individuals with Disabilities 12 Education Act (20 U.S.C. 1414(d)), in- 13 cluding an IEP that may not be current on 14 the date of the determination that the indi- 15 vidual has a disability. The office of acces- 16 sibility may ask for additional documenta- 17 tion from an individual who had an IEP 18 but who was subsequently evaluated and 19 determined to be ineligible for services 20 under the Individuals with Disabilities 21 Education Act (20 U.S.C. 1400 et seq.), 22 including an individual determined to be 23 ineligible during elementary school. 24 VerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4643 IH ‘‘(ii) Documentation describing serv- 1 ices or accommodations provided to the in- 2 dividual pursuant to section 504 of the Re- 3 habilitation Act of 1973 (29 U.S.C. 794) 4 (commonly referred to as a ‘Section 504 5 plan’). 6 ‘‘(iii) A plan or record of service for 7 the individual from a private school, a [Text truncated for display. Full text available on Congress.gov.]