[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3521 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3521

  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 SENATE OF THE UNITED STATES

                            December 8, 2016

  Mr. Casey (for himself, Mr. Hatch, and Mr. Cassidy) introduced the 
 following 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 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 of 2016'' or the ``RISE Act of 2016''.

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) The institution will carry out the following:
                    ``(A) Adopt policies that, at a minimum, make 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 or up-
                        to-date on the date of the determination. The 
                        institution may ask for additional 
                        documentation from an individual who had an IEP 
                        who was found ineligible for services or exited 
                        from eligibility under such Act during 
                        elementary school.
                            ``(ii) Documentation that the individual 
                        has had a plan prepared under section 504 of 
                        the Rehabilitation Act of 1973 (29 U.S.C. 794).
                            ``(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).
                    ``(B) Adopt policies that are transparent and 
                explicit regarding information about the process by 
                which the institution determines eligibility for 
                accommodations.
                    ``(C) 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.''.

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 graduation rates 
        for students with disabilities and the number and percentage of 
        students with disabilities accessing or receiving 
        accommodations at the institution. An institution shall not be 
        required to submit the information described in the preceding 
        sentence if the number of such students is equal to or less 
        than 10, so as not to 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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