What This Bill Does
This bill amends the Higher Education Act to help students with disabilities and their families get the information they need to choose a college and do well once enrolled. The bill makes it easier for students with disabilities to show they qualify for accommodations and requires colleges to share information about disability services.
Who It Affects
Students with disabilities and their families, colleges and universities that receive federal funding, college disability services offices, the National Center for Information and Technical Support for Postsecondary Students with Disabilities.
Key Provisions
• Colleges must accept several types of documents to prove a student has a disability, including past individualized education programs (IEPs), Section 504 plans, records from other colleges, and evaluations from licensed professionals (Sec. 3)
• Colleges must have clear, written policies about how they determine whether students qualify for disability accommodations and must share this information with students, parents and faculty in accessible formats on their websites (Sec. 3)
• Colleges must report data about students with disabilities to the federal government's education database, including how many students with disabilities are enrolled, how many receive accommodations and how many graduate (Sec. 5)
• $10,000,000 is authorized to be spent to support the National Center for Information and Technical Support for Postsecondary Students with Disabilities (Sec. 4)
What Changes
Colleges will have to accept specific types of disability documentation without requesting additional paperwork in many cases. Colleges will need to make their disability services information public and easy to find. The federal government will collect standardized information about students with disabilities at each college.
Important Definitions
Accommodations: changes or adjustments that help a student with a disability access education equally. Individualized Education Program (IEP): a legal document that outlines special education services for students with disabilities in elementary and secondary school.
II
118TH CONGRESS
1ST SESSION
S. 1071
To amend the Higher Education Act of 1965 to provide students with disabil-
ities and their families with access to critical information needed to
select the right college and succeed once enrolled.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. CASEY (for himself, Mr. CASSIDY, Ms. HASSAN, Mr. YOUNG, Mr. MAR-
KEY, Mr. KAINE, Mrs. SHAHEEN, and Mrs. CAPITO) introduced the fol-
lowing bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
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 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 ‘‘Respond, Innovate,
4
Succeed, and Empower Act’’ or the ‘‘RISE Act’’.
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•S 1071 IS
SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF
1
DISABILITY.
2
Section 103(6) of the Higher Education Act of 1965
3
(20 U.S.C. 1003(6)) is amended by striking ‘‘section
4
3(2)’’ and inserting ‘‘section 3’’.
5
SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO
6
SUCCEED ONCE ENROLLED IN COLLEGE.
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Section 487(a) of the Higher Education Act of 1965
8
(20 U.S.C. 1094(a)) is amended by adding at the end the
9
following:
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‘‘(30)(A) The institution will carry out the fol-
11
lowing:
12
‘‘(i) Adopt policies that make any of the
13
following documentation submitted by an indi-
14
vidual sufficient to establish that such indi-
15
vidual is an individual with a disability:
16
‘‘(I) Documentation that the indi-
17
vidual has had an individualized education
18
program (IEP) in accordance with section
19
614(d) of the Individuals with Disabilities
20
Education Act, including an IEP that may
21
not be current on the date of the deter-
22
mination that the individual has a dis-
23
ability. The institution may ask for addi-
24
tional documentation from an individual
25
who had an IEP but who was subsequently
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•S 1071 IS
evaluated and determined to be ineligible
1
for services under the Individuals with Dis-
2
abilities Education Act, including an indi-
3
vidual determined to be ineligible during
4
elementary school.
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‘‘(II) Documentation describing serv-
6
ices or accommodations provided to the in-
7
dividual pursuant to section 504 of the Re-
8
habilitation Act of 1973 (29 U.S.C. 794)
9
(commonly referred to as a ‘Section 504
10
plan’).
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‘‘(III) A plan or record of service for
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the individual from a private school, a local
13
educational agency, a State educational
14
agency, or an institution of higher edu-
15
cation provided in accordance with the
16
Americans with Disabilities Act of 1990
17
(42 U.S.C. 12101 et seq.).
18
‘‘(IV) A record or evaluation from a
19
relevant licensed professional finding that
20
the individual has a disability.
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‘‘(V) A plan or record of disability
22
from another institution of higher edu-
23
cation.
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•S 1071 IS
‘‘(VI) Documentation of a disability
1
due to service in the uniformed services, as
2
defined in section 484C(a).
3
‘‘(ii) Adopt policies that are transparent
4
and explicit regarding information about the
5
process by which the institution determines eli-
6
gibility for accommodations.
7
‘‘(iii) Disseminate such information to stu-
8
dents, parents, and faculty in an accessible for-
9
mat, including during any student orientation
10
and making such information readily available
11
on a public website of the institution.
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‘‘(B) Nothing in this paragraph shall be con-
13
strued to preclude an institution from establishing
14
less burdensome criteria than that described in sub-
15
paragraph (A) to establish an individual as an indi-
16
vidual with a disability and therefore eligible for ac-
17
commodations.’’.
18
SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL
19
CENTER FOR INFORMATION AND TECHNICAL
20
SUPPORT FOR POSTSECONDARY STUDENTS
21
WITH DISABILITIES.
22
Section 777(a) of the Higher Education Act of 1965
23
(20 U.S.C. 1140q(a)) is amended—
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•S 1071 IS
(1) in paragraph (1), by striking ‘‘From
1
amounts appropriated under section 778,’’ and in-
2
serting ‘‘From amounts appropriated under para-
3
graph (5),’’; and
4
(2) by adding at the end the following:
5
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.—
6
There is authorized to be appropriated to carry out
7
this subsection $10,000,000.’’.
8
SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH
9
DISABILITIES.
10
Section 487(a) of the Higher Education Act of 1965
11
(20 U.S.C. 1094(a)), as amended by section 3, is further
12
amended by adding at the end the following:
13
‘‘(31) The institution will submit, for inclusion
14
in the Integrated Postsecondary Education Data
15
System (IPEDS) or any other Federal postsec-
16
ondary institution data collection effort, key data re-
17
lated to undergraduate students enrolled at the in-
18
stitution who are formally registered as students
19
with disabilities with the institution’s office of dis-
20
ability services (or the equivalent office), including
21
the total number of students with disabilities en-
22
rolled, the number of students accessing or receiving
23
accommodations, the percentage of students with
24
disabilities of all undergraduate students, and the
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•S 1071 IS
total number of undergraduate certificates or de-
1
grees awarded to students with disabilities. An insti-
2
tution shall not be required to submit the informa-
3
tion described in the preceding sentence if the num-
4
ber of such students would reveal personally identifi-
5
able information about an individual student.’’.
6
SEC. 6. RULE OF CONSTRUCTION.
7
None of the amendments made by this Act shall be
8
construed to affect the meaning of the terms ‘‘reasonable
9
accommodation’’ or ‘‘record of impairment’’ under the
10
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
11
et seq.) or the rights or remedies provided under such Act.
12
Æ
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