[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9468 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9468

To amend the Higher Education Act of 1965 to improve accessibility to, 
  and completion of, postsecondary education for students, including 
          students with disabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2022

Mr. DeSaulnier 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 education for students, including 
          students with disabilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving Access 
to Higher Education Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY 
                            HIGHER EDUCATION

Sec. 101. Supporting postsecondary faculty, staff, and administrators 
                            in providing 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 PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY 
                            HIGHER EDUCATION

SEC. 101. SUPPORTING POSTSECONDARY FACULTY, STAFF, AND ADMINISTRATORS 
              IN PROVIDING ACCESSIBLE EDUCATION.

    (a) Grants.--Section 762 of the Higher Education Act of 1965 (20 
U.S.C. 1140b) is amended to read as follows:

``SEC. 762. GRANTS AUTHORIZED.

    ``(a) Competitive Grants Authorized To Support Postsecondary 
Faculty, Staff, and Administrators in Providing an Accessible 
Education.--
            ``(1) In general.--From amounts appropriated under section 
        765C, the Secretary shall award grants, on a competitive basis, 
        to institutions of higher education to enable the institutions 
        to carry out the activities under subsection (b).
            ``(2) Awards for professional development and technical 
        assistance.--Not less than 5 grants shall be awarded to 
        institutions of higher education that provide professional 
        development and technical assistance in order to improve access 
        to, and completion of, postsecondary education for students, 
        including students with disabilities.
    ``(b) Duration; Activities.--
            ``(1) Duration.--A grant under this section shall be 
        awarded for a period of 5 years.
            ``(2) Authorized activities.--A grant awarded under this 
        section shall be used to carry out one or more of the following 
        activities:
                    ``(A) Teaching methods and strategies.--The 
                development and implementation of training to provide 
                innovative, effective, and evidence-based teaching 
                methods and strategies, consistent with the principles 
                of universal design for learning, to provide 
                postsecondary faculty, staff, and administrators with 
                the skills and supports necessary to teach and meet the 
                academic and programmatic needs of students (including 
                students with disabilities) in order to improve the 
                retention of such students in, and the completion by 
                such students of, postsecondary education. Such methods 
                and strategies may include in-service training, 
                professional development, customized and general 
                technical assistance, workshops, summer institutes, 
                distance learning, and training in the use of assistive 
                and educational technology.
                    ``(B) Implementing accommodations.--The development 
                and implementation of training to provide postsecondary 
                faculty, staff, and administrators methods and 
                strategies of providing appropriate accommodations 
                consistent with the principles of universal design (as 
                defined in section 103) for learning for students with 
                disabilities, including descriptions of legal 
                obligations of the institution of higher education to 
                provide such accommodations.
                    ``(C) Effective transition practices.--The 
                development and implementation of innovative, 
                effective, and evidence-based teaching methods and 
                strategies to provide postsecondary faculty, staff, and 
                administrators with the skills and supports necessary 
                to ensure the successful and smooth transition of 
                students with disabilities from secondary school to 
                postsecondary education. The teaching methods and 
                strategies may include supporting students in the 
                development of self-advocacy skills to improve 
                transition to, and completion of, postsecondary 
                education.
                    ``(D) Distance learning.--The development and 
                implementation of training to provide innovative, 
                effective, and evidence-based teaching methods and 
                strategies to enable postsecondary faculty, staff, and 
                administrators to provide accessible distance education 
                programs or classes that would enhance the access of 
                students (including students with disabilities) to 
                postsecondary education, including the use of 
                accessible curricula and electronic communication for 
                instruction and advising that meet the requirements of 
                section 508 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794d).
                    ``(E) Career pathway guidance.--The development and 
                implementation of effective and evidence-based teaching 
                methods and strategies to provide postsecondary 
                faculty, staff, and administrators with the ability to 
                advise students with disabilities with respect to their 
                chosen career pathway, which shall include at least one 
                of the following:
                            ``(i) Supporting internships, 
                        apprenticeships registered under the Act of 
                        August 16, 1937 (commonly known as the 
                        `National Apprenticeship Act'; 50 Stat. 664, 
                        chapter 663; 29 U.S.C. 50 et seq.), or work-
                        based learning opportunities.
                            ``(ii) Counseling on coursework to meet the 
                        degree, certificate, or recognized 
                        postsecondary credential appropriate for the 
                        field chosen.
                            ``(iii) Developing self-advocacy skills to 
                        advocate for appropriate accommodations once in 
                        the workplace.
                            ``(iv) Support with selecting a career 
                        pathway that leads to competitive, integrated 
                        employment.
            ``(3) Mandatory evaluation and dissemination.--An 
        institution of higher education awarded a grant under this 
        section shall evaluate and disseminate to other institutions of 
        higher education the information obtained through the 
        activities described in subparagraphs (A) through (E) of 
        paragraph (2).
    ``(c) Considerations in Making Awards.--In awarding grants under 
this section, the Secretary shall consider the following:
            ``(1) Geographic distribution.--Providing an equitable 
        geographic distribution of such awards.
            ``(2) Rural and urban areas.--Distributing such awards to 
        urban and rural areas.
            ``(3) Range and type of institution.--Ensuring that the 
        activities to be assisted are developed for a range of types 
        and sizes of institutions of higher education.
    ``(d) Reports.--
            ``(1) Initial report.--Not later than one year after the 
        date of enactment of this Act, the Secretary shall prepare and 
        submit to the authorizing committees, and make available to the 
        public, a report on all projects awarded grants under this 
        part, including a review of the activities and program 
        performance of such projects based on existing information as 
        of the date of the report.
            ``(2) Subsequent report.--Not later than five years after 
        the date of the first award of a grant under this section after 
        the date of the Improving Access to Higher Education Act, the 
        Secretary shall prepare and submit to the authorizing 
        committees, and make available to the public, a report that--
                    ``(A) reviews the activities and program 
                performance of the projects authorized under subsection 
                (b); and
                    ``(B) provides guidance and recommendations on how 
                effective projects can be replicated.''.
    (b) Applications.--Section 763 of the Higher Education Act of 1965 
(20 U.S.C. 1140c) is amended to read as follows:

``SEC. 763. APPLICATIONS.

    ``Each institution of higher education desiring to receive a grant 
under section 762 shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require. Each application shall include--
            ``(1) a description of the activities authorized under 
        section 762(b) that the institution proposes to carry out, and 
        how such institution plans to conduct such activities in order 
        to further the purposes of this subpart;
            ``(2) a description of how the institution consulted with a 
        broad range of people, including individuals with expertise in 
        disability supports or special education, within the 
        institution to develop activities for which assistance is 
        sought;
            ``(3) a description of how the institution will coordinate 
        and collaborate with the office of accessibility; and
            ``(4) a description of the extent to which the institution 
        will work to replicate the research-based and best practices of 
        institutions of higher education with demonstrated 
        effectiveness in serving students with disabilities.''.

SEC. 102. OFFICE OF ACCESSIBILITY.

    Subpart 1 of part D of title VII of the Higher Education Act of 
1965 (20 U.S.C. 1140a et seq.) is amended--
            (1) by redesignating section 765 as section 765C;
            (2) by inserting after section 764 the following:

``SEC. 765A. OFFICE OF ACCESSIBILITY.

    ``(a) Establishment.--Each institution of higher education shall 
establish an office of accessibility to develop and implement policies 
to support students who enter postsecondary education with disabilities 
and students who acquire a disability while enrolled in an institution 
of higher education.
    ``(b) Duties.--Each office of accessibility shall--
            ``(1) inform students, during student orientation, about 
        services provided at the institution of higher education, and 
        continually update such information through the accessibility 
        office's website and other communications to improve 
        accessibility of such services;
            ``(2) provide information to students regarding 
        accommodations and modifications provided by the institution of 
        higher education with respect to internships, practicums, work-
        based learning, apprenticeships registered under the Act of 
        August 16, 1937 (commonly known as the `National Apprenticeship 
        Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or 
        other work-related environments that--
                    ``(A) the student may engage in through courses; or
                    ``(B) are necessary for completion of a degree, 
                certificate, or recognized postsecondary credential;
            ``(3) provide information to students regarding their legal 
        rights under the Americans with Disabilities Act (42 U.S.C. 
        12101 et seq.) and section 504 of the Rehabilitation Act (29 
        U.S.C. 794); and
            ``(4) in order to provide appropriate accommodations to 
        students with disabilities, carry out the following:
                    ``(A) Adopt policies that, at a minimum, 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 (20 
                        U.S.C. 1414(d)), including an IEP that may not 
                        be current on the date of the determination 
                        that the individual has a disability. The 
                        office of accessibility 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 
                        (20 U.S.C. 1400 et seq.), 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).
                    ``(B) Adopt policies that are transparent and 
                explicit regarding the process by which the institution 
                determines eligibility for accommodations.
                    ``(C) Disseminate the information described in 
                subparagraph (B) to students, parents, and faculty--
                            ``(i) in an accessible format;
                            ``(ii) during student orientation; and
                            ``(iii) by making such information readily 
                        available on a public website of the 
                        institution.
                    ``(D) Provide accommodations to students with 
                mental health disabilities.

``SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND ACCESSIBILITY.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts appropriated under section 
        765C, the Secretary may award grants on a competitive basis to 
        institutions of higher education to enable the institutions to 
        carry out the activities described under subsection (c).
            ``(2) Duration.--A grant under this section shall be 
        awarded for a period of 5 years.
            ``(3) Consideration in making awards.--In awarding grants 
        under this section, the Secretary shall consider the following:
                    ``(A) Providing an equitable geographic 
                distribution of such awards.
                    ``(B) Ensuring that the activities to be assisted 
                are developed for a range of types and sizes of 
                institutions of higher education.
    ``(b) Application.--Each institution of higher education desiring 
to receive a grant under this section shall submit an application to 
the Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. Each application shall 
include--
            ``(1) a description of how the institution will carry out 
        the activities under subsection (c);
            ``(2) a description of the consultation the institution has 
        had with a broad range of people within the institution, 
        including individuals with expertise in disability supports or 
        special education, in developing the information under 
        paragraph (1);
            ``(3) a plan for the sustainability of the program after 
        the end of the grant period; and
            ``(4) a written business plan for revenue and expenditures 
        to be provided to the Department under subsection (d).
    ``(c) Activities.--A grant awarded under this section shall be used 
to--
            ``(1) develop and implement across the institution of 
        higher education, a universal design (as defined in section 
        103) for learning framework for course design and instructional 
        materials to improve campus-wide accessibility to instruction, 
        materials, and the learning environment; or
            ``(2) develop or improve distance education courses 
        consistent with the principles of universal design for learning 
        to improve accessibility of instruction and materials.
    ``(d) Reports.--
            ``(1) Grant recipient reports.--An institution of higher 
        education awarded a grant under this section shall evaluate and 
        disseminate to other institutions of higher education, the 
        information obtained through the activities described in 
        subsection (c).
            ``(2) Initial report by secretary.--Not later than one year 
        after the date of the enactment of this section, the Secretary 
        shall prepare and submit to the authorizing committees, and 
        make available to the public, a report on all projects awarded 
        grants under this section, including a review of the activities 
        and program performance of such projects based on existing 
        information as of the date of the report.
            ``(3) Final report by secretary.--Not later than 6 years 
        after the date of the first award of a grant under this 
        section, the Secretary shall prepare and submit to the 
        authorizing committees, and make available to the public, a 
        report that--
                    ``(A) reviews the activities and program 
                performance of the projects authorized under this 
                section; and
                    ``(B) provides guidance and recommendations on how 
                effective projects can be replicated.''; and
            (3) by amending section 765C, as so redesignated, by 
        striking ``2009'' and inserting ``2023''.

SEC. 103. ACCESSIBLE INSTRUCTIONAL MATERIALS AND TECHNOLOGY.

    (a) Establishment of Commission.--The Speaker of the House of 
Representatives, the President pro tempore of the Senate, and the 
Secretary of Education shall establish an independent commission, 
comprised of key stakeholders, to develop guidelines for accessible 
postsecondary electronic instructional materials and related 
technologies in order--
            (1) to ensure students with disabilities are afforded the 
        same educational benefits provided to students without 
        disabilities through the use of electronic instructional 
        materials and related technologies;
            (2) to improve the selection and use of such materials and 
        technologies at institutions of higher education; and
            (3) to encourage entities that produce such materials and 
        technologies to make accessible versions more readily available 
        in the market.
    (b) Review.--In carrying out subsection (a), the commission shall--
            (1) review applicable information technology accessibility 
        standards; and
            (2) compile and annotate such accessibility standards as an 
        additional information resource for institutions of higher 
        education and companies that service the higher education 
        market.
    (c) Membership.--
            (1) Stakeholder groups.--The commission shall be composed 
        of representatives from the following categories:
                    (A) Communities of persons with disabilities for 
                whom the accessibility of postsecondary electronic 
                instructional materials and related technologies is a 
                significant factor in ensuring equal participation in 
                higher education, and nonprofit organizations that 
                provide accessible electronic materials to these 
                communities.
                    (B) Higher education leadership, including 
                institution of higher education presidents, provosts, 
                deans, vice presidents or deans of libraries, chief 
                information officers, and other senior institutional 
                executives.
                    (C) Developers of postsecondary electronic 
                instructional materials and manufacturers of related 
                technologies.
            (2) Appointment of members.--The commission members shall 
        be appointed as follows:
                    (A) 6 members, 2 from each category described in 
                paragraph (1), shall be appointed by the Speaker of the 
                House of Representatives, 3 of whom shall be appointed 
                on the recommendation of the majority leader of the 
                House of Representatives and 3 of whom shall be 
                appointed on the recommendation of the minority leader 
                of the House of Representatives, with the Speaker 
                ensuring that 1 developer of postsecondary electronic 
                instructional materials and 1 manufacturer of related 
                technologies are appointed. The Speaker shall also 
                appoint 2 additional members, 1 student with a 
                disability and 1 faculty member from an institution of 
                higher education.
                    (B) 6 members, 2 from each category described in 
                paragraph (1), shall be appointed by the President pro 
                tempore of the Senate, 3 of whom shall be appointed on 
                the recommendation of the majority leader of the Senate 
                and 3 of whom shall be appointed on the recommendation 
                of the minority leader of the Senate, with the 
                President pro tempore ensuring that 1 developer of 
                postsecondary electronic instructional materials and 1 
                manufacturer of related technologies are appointed. The 
                President pro tempore shall also appoint 2 additional 
                members, 1 student with a disability and 1 faculty 
                member from an institution of higher education.
                    (C) 3 members, each of whom must possess extensive, 
                demonstrated technical expertise in the development and 
                implementation of accessible postsecondary electronic 
                instructional materials, shall be appointed by the 
                Secretary of Education. 1 of these members shall 
                represent postsecondary students with disabilities, 1 
                shall represent higher education leadership, and 1 
                shall represent developers of postsecondary electronic 
                instructional materials.
            (3) Eligibility to serve as a member.--Federal employees 
        are ineligible for appointment to the commission. An appointee 
        to a volunteer or advisory position with a Federal agency or 
        related advisory body may be appointed to the commission so 
        long as his or her primary employment is with a non-Federal 
        entity and he or she is not otherwise engaged in financially 
        compensated work on behalf of the Federal Government, exclusive 
        of any standard expense reimbursement or grant-funded 
        activities.
    (d) Authority and Administration.--
            (1) Authority.--The commission's execution of its duties 
        shall be independent of the Secretary of Education, the 
        Attorney General, and the head of any other agency or 
        department of the Federal Government with regulatory or 
        standard setting authority in the areas addressed by the 
        commission.
            (2) Administration.--
                    (A) Staffing.--There shall be no permanent staffing 
                for the commission.
                    (B) Leadership.--Commission members shall elect a 
                chairperson from among the appointees to the 
                commission.
                    (C) Administrative support.--The Commission shall 
                be provided administrative support, as needed, by the 
                Secretary of Education through the Office of 
                Postsecondary Education of the Department of Education.
    (e) Duties.--
            (1) Guidelines.--Not later than 18 months after the date of 
        enactment of this Act, subject to a 6-month extension that it 
        may exercise at its discretion, the commission shall--
                    (A) develop and issue guidelines for accessible 
                postsecondary electronic instructional materials, and 
                related technologies; and
                    (B) in developing the guidelines, the commission 
                shall--
                            (i) establish a technical panel pursuant to 
                        paragraph (4) to support the commission in 
                        developing the guidelines;
                            (ii) develop criteria for determining which 
                        materials and technologies constitute 
                        postsecondary electronic instructional 
                        materials and related technologies;
                            (iii) identify existing national and 
                        international accessibility standards that are 
                        relevant to student use of postsecondary 
                        electronic instructional materials and related 
                        technologies at institutions of higher 
                        education;
                            (iv) identify and address any unique 
                        pedagogical and accessibility requirements of 
                        postsecondary electronic instructional 
                        materials and related technologies that are not 
                        addressed, or not adequately addressed, by the 
                        identified, relevant existing accessibility 
                        standards;
                            (v) identify those aspects of 
                        accessibility, and types of postsecondary 
                        instructional materials and related 
                        technologies, for which the commission cannot 
                        produce guidelines or which cannot be addressed 
                        by existing accessibility standards due to--
                                    (I) inherent limitations of 
                                commercially available technologies; or
                                    (II) the challenges posed by a 
                                specific category of disability that 
                                covers a wide spectrum of impairments 
                                and capabilities which makes it 
                                difficult to assess the benefits from 
                                particular guidelines on a categorical 
                                basis;
                            (vi) ensure that the guidelines are 
                        consistent with the requirements of section 504 
                        of the Rehabilitation Act of 1973 (29 U.S.C. 
                        794) and titles II and III of the Americans 
                        with Disabilities Act (42 U.S.C. 12131 et seq.; 
                        42 U.S.C. 12181 et seq.);
                            (vii) ensure that the guidelines are 
                        consistent, to the extent feasible and 
                        appropriate, with the technical and functional 
                        performance criteria included in the national 
                        and international accessibility standards 
                        identified by the commission as relevant to 
                        student use of postsecondary electronic 
                        instructional materials and related 
                        technologies;
                            (viii) allow for the use of an alternative 
                        design or technology that results in 
                        substantially equivalent or greater 
                        accessibility and usability by individuals with 
                        disabilities than would be provided by 
                        compliance with the guidelines; and
                            (ix) provide that where electronic 
                        instructional materials, or related 
                        technologies, that comply fully with the 
                        guidelines are not commercially available, or 
                        where such compliance is not technically 
                        feasible, the institution may select the 
                        product that best meets the guidelines 
                        consistent with the institution's business and 
                        pedagogical needs.
            (2) Annotated list of information technology standards.--
        Not later than 18 months after the date of the enactment of 
        this Act, subject to a 6-month extension that it may exercise 
        at its discretion, the commission established in section 2 
        shall, with the assistance of the technical panel established 
        under paragraph (4), develop and issue an annotated list of 
        information technology standards.
            (3) Approval.--Issuance of the guidelines and annotated 
        list of information technology standards shall require approval 
        of at least 75 percent of the members of the commission.
            (4) Technical panel.--Not later than 1 month after first 
        meeting, the Commission shall appoint and convene a panel of 12 
        technical experts, each of whom shall have extensive, 
        demonstrated technical experience in developing, researching, 
        or implementing accessible postsecondary electronic 
        instructional materials, or related technologies. The 
        commission has discretion to determine a process for 
        nominating, vetting, and confirming a panel of experts that 
        fairly represents the stakeholder communities on the 
        commission. The technical panel shall include a representative 
        from the United States Access Board.
    (f) Review of Guidelines.--Not later than 5 years after issuance of 
the guidelines and annotated list of information technology standards 
described in subsections (a) and (b), and every 5 years thereafter, the 
Secretary of Education shall publish a notice in the Federal Register 
requesting public comment about whether there is a need to reconstitute 
the commission to update the guidelines and annotated list of 
information technology standards to reflect technological advances, 
changes in postsecondary electronic instructional materials and related 
technologies, or updated national and international accessibility 
standards. The Secretary shall then submit a report and recommendation 
to Congress regarding whether the Commission should be reconstituted.
    (g) Rule of Application.--
            (1) Nonconforming postsecondary electronic instructional 
        materials or related technologies.--Nothing in this section 
        shall be construed to require an institution of higher 
        education to require, provide, or both recommend and provide, 
        postsecondary electronic instructional materials or related 
        technologies that conform to the guidelines. However, an 
        institution that selects or uses nonconforming postsecondary 
        electronic instructional materials or related technologies must 
        otherwise comply with existing obligations under section 504 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 794) and titles II 
        and III of the Americans with Disabilities Act (42 U.S.C. 12131 
        et seq.; 42 U.S.C. 12181 et seq.) to provide access to the 
        educational benefit afforded by such materials and technologies 
        through provision of appropriate and reasonable modification, 
        accommodation, and auxiliary aids or services.
            (2) Relationship to existing laws and regulations.--With 
        respect to the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.) and the Rehabilitation Act of 1973 (29 
        U.S.C. 701 et seq.), nothing in this Act may be construed--
                    (A) to authorize or require conduct prohibited 
                under the Americans with Disabilities Act of 1990 and 
                the Rehabilitation Act of 1973, including the 
                regulations issued pursuant to those laws;
                    (B) to expand, limit, or alter the remedies or 
                defenses under the Americans with Disabilities Act of 
                1990 and the Rehabilitation Act of 1973;
                    (C) to supersede, restrict, or limit the 
                application of the Americans with Disabilities Act of 
                1990 and the Rehabilitation Act of 1973; or
                    (D) to limit the authority of Federal agencies to 
                issue regulations pursuant to the Americans with 
                Disabilities Act of 1990 and the Rehabilitation Act of 
                1973.
    (h) Definitions.--In this section:
            (1) Annotated list of information technology standards.--
        The term ``annotated list of information technology standards'' 
        means a list of existing national and international 
        accessibility standards relevant to student use of 
        postsecondary electronic instructional materials and related 
        technologies, and to other types of information technology 
        common to institutions of higher education, such as 
        institutional websites or registration systems, annotated by 
        the commission established pursuant to this section. The 
        annotated list of information technology standards is intended 
        to serve solely as a reference tool to inform any consideration 
        of the relevance of such standards in higher education 
        contexts.
            (2) Postsecondary electronic instructional materials.--The 
        term ``postsecondary electronic instructional materials'' means 
        digital curricular content that is required, provided, or both 
        recommended and provided by an institution of higher education 
        for use in a postsecondary instructional program.
            (3) Related technologies.--The term ``related 
        technologies'' refers to any software, applications, learning 
        management or content management systems, and hardware that an 
        institution of higher education requires, provides, or both 
        recommends and provides for student access to and use of 
        postsecondary electronic instructional materials in a 
        postsecondary instructional program.
            (4) Technical panel.--The term ``technical panel'' means a 
        group of experts with extensive, demonstrated technical 
        experience in the development and implementation of 
        accessibility features for postsecondary electronic 
        instructional materials and related technologies, established 
        by the Commission pursuant to subsection (e)(4), which will 
        assist the commission in the development of the guidelines and 
        annotated list of information technology standards authorized 
        under this Act.

SEC. 104. POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
              DISABILITIES.

    (a) Purpose.--Section 766 of the Higher Education Act of 1965 (20 
U.S.C. 1140f) is amended to read as follows:

``SEC. 766. PURPOSE.

    ``It is the purpose of this subpart to support inclusive programs 
that promote the successful transition of students with intellectual 
disabilities into higher education and the earning of a degree, 
certificate, or recognized postsecondary credential issued by the 
institution of higher education.''.
    (b) Programs for Students With Intellectual Disabilities.--Section 
767 of the Higher Education Act of 1965 (20 U.S.C. 1140g) is amended to 
read as follows:

``SEC. 767. INCLUSIVE HIGHER EDUCATION PROGRAMS FOR STUDENTS WITH 
              INTELLECTUAL DISABILITIES.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts appropriated under section 
        769(a), the Secretary shall annually award grants, on a 
        competitive basis, to institutions of higher education (or 
        consortia of three or more institutions of higher education), 
        to enable such institutions or consortia to create or expand a 
        comprehensive transition and postsecondary education program 
        for students with intellectual disabilities.
            ``(2) Eligibility and appropriations limits.--
                    ``(A) Relation to other grants.--An institution of 
                higher education that received a grant under this 
                section before the date of the enactment of the 
                Improving Access to Higher Education Act may not 
                receive an additional grant under this section unless--
                            ``(i) the institution receives a grant as 
                        part of a consortium of three or more 
                        institutions of higher education; or
                            ``(ii) the grant term of such preceding 
                        grant has ended.
                    ``(B) Limitation on amounts.--
                            ``(i) Institution of higher education.--A 
                        grant under this section made to an institution 
                        of higher education may not be in an amount 
                        greater than $300,000.
                            ``(ii) Consortium.--A grant under this 
                        section made to a consortia of institutions of 
                        higher education may not be in an amount 
                        greater than $500,000.
            ``(3) Administration.--The program under this section shall 
        be administered by the office in the Department that 
        administers other postsecondary education programs in 
        consultation with the Office of Postsecondary Education and the 
        Office of Special Education and Rehabilitative Services of the 
        Department of Education.
            ``(4) Duration of grants.--A grant under this section shall 
        be awarded for a period of 5 years.
    ``(b) Application.--An institution of higher education or a 
consortium desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(c) Award Basis.--In awarding grants under this section, the 
Secretary shall--
            ``(1) provide for an equitable geographic distribution of 
        such grants;
            ``(2) to the extent possible, provide for an equitable 
        distribution of such grants between 4-year institutions of 
        higher education and 2-year institutions of higher education, 
        including community colleges;
            ``(3) provide grant funds for high-quality, inclusive 
        higher education programs for students with intellectual 
        disabilities, hereinafter referred to as inclusive higher 
        education programs, that will serve areas that are underserved 
        by programs of this type;
            ``(4) in the case of an institution of higher education 
        that provides institutionally owned or operated housing for 
        students attending the institution, award grants only to such 
        institutions that integrate students with intellectual 
        disabilities into the housing offered to students without 
        disabilities or to institutions that provide such integrated 
        housing through providing supports to students directly or 
        through partnerships with other organizations;
            ``(5) provide grant funds to encourage involvement of 
        students attending institutions of higher education in the 
        fields of special education, general education, vocational 
        rehabilitation, assistive technology, or related fields in the 
        program;
            ``(6) select applications that--
                    ``(A) demonstrate an existing comprehensive 
                transition and postsecondary education program for 
                students with intellectual disabilities that is title 
                IV eligible; or
                    ``(B) agree to establish such a program; and
            ``(7) give preference to applications submitted under 
        subsection (b) that agree to incorporate into the inclusive 
        higher education program for students with intellectual 
        disabilities carried out under the grant one or more of the 
        following elements:
                    ``(A) The formation of a partnership with any 
                relevant agency serving students with intellectual 
                disabilities, such as a vocational rehabilitation 
                agency.
                    ``(B) Applications that represent geographically 
                underserved States.
    ``(d) Use of Funds; Requirements.--An institution of higher 
education or consortium receiving a grant under this section shall--
            ``(1) use the grant funds to establish an inclusive higher 
        education program for students with intellectual disabilities 
        that--
                    ``(A) serves students with intellectual 
                disabilities;
                    ``(B) provides individual supports and services for 
                the academic and social inclusion of students with 
                intellectual disabilities in academic courses, 
                extracurricular activities, and other aspects of the 
                regular postsecondary program;
                    ``(C) with respect to the students with 
                intellectual disabilities participating in the program, 
                provides a focus on--
                            ``(i) academic and career development;
                            ``(ii) socialization and inclusion with the 
                        general student population;
                            ``(iii) independent living skills, 
                        including self-advocacy skills; and
                            ``(iv) integrated work experiences and 
                        career skills that lead to competitive 
                        integrated employment;
                    ``(D) integrates person-centered planning in the 
                development of the course of study for each student 
                with an intellectual disability participating in the 
                program;
                    ``(E) plans for the sustainability of the program 
                after the end of the grant period, with a written 
                business plan for revenue and expenditures to be 
                provided to the Department by the end of year 3; and
                    ``(F) awards a degree, certificate, or recognized 
                postsecondary credential for students with intellectual 
                disabilities upon the completion of the program;
            ``(2) in the case of an institution of higher education 
        that provides institutionally owned or operated housing for 
        students attending the institution or integrated housing 
        through providing supports to students directly or through 
        partnerships with other organizations, provide for the 
        integration of students with intellectual disabilities into 
        housing offered to students without disabilities;
            ``(3) participate with the coordinating center established 
        under section 777(b) in the evaluation of the program, 
        including by regularly submitting data on experiences and 
        outcomes of individual students participating in the program; 
        and
            ``(4) partner with one or more local educational agencies 
        to support students with intellectual disabilities 
        participating in the program who are eligible for special 
        education and related services under the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.), including 
        the use of funds available under part B of such Act (20 U.S.C. 
        1411 et seq.) to support the participation of such students in 
        the program.
    ``(e) Matching Requirement.--An institution of higher education (or 
consortium) that receives a grant under this section shall provide 
matching funds toward the cost of the inclusive higher education 
program for students with intellectual disabilities carried out under 
the grant. Such matching funds may be provided in cash or in-kind, and 
shall be in an amount of not less than 25 percent of the amount of such 
costs.
    ``(f) Data Collection and Transmission.--
            ``(1) In general.--An institution or consortium receiving a 
        grant under this section shall collect and transmit to the 
        coordinating center established under section 777(b) on an 
        annual basis for each student who is enrolled in the program, 
        student-level information related to the experiences and 
        outcomes of students who participate in the inclusive higher 
        education program for students with intellectual disabilities.
            ``(2) Longitudinal data.--Each grantee shall collect 
        longitudinal outcome data from each student participating in 
        the program and transmit such data to the coordinating center 
        established under section 777(b). Such longitudinal data shall 
        be collected for every student each year for 5 years after the 
        student graduates from, or otherwise exits, the program.
            ``(3) Data to be collected.--The program-level information 
        and data and student-level information and data to be collected 
        under this subsection shall include--
                    ``(A) the number and type of postsecondary 
                education courses taken and completed by the student;
                    ``(B) academic outcomes;
                    ``(C) competitive, integrated employment outcomes;
                    ``(D) independent living outcomes; and
                    ``(E) social outcomes.
    ``(g) Report.--Not later than 5 years after the date of the first 
grant awarded under this section, the Secretary shall prepare and 
disseminate a report to the authorizing committees and to the public 
that--
            ``(1) reviews the activities of the inclusive higher 
        education programs for students with intellectual disabilities 
        funded under this section; and
            ``(2) provides guidance and recommendations on how 
        effective programs can be replicated.''.
    (c) Authorization of Appropriations.--Section 769(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1140i) is amended by striking ``2009'' 
and inserting ``2023''.

SEC. 105. NATIONAL TECHNICAL ASSISTANCE CENTER AND NATIONAL 
              COORDINATING CENTER FOR INCLUSION OF STUDENTS WITH 
              INTELLECTUAL DISABILITIES.

    (a) In General.--Section 777 of the Higher Education Act of 1965 
(20 U.S.C. 1140q) is amended to read as follows:

``SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER AND COORDINATING 
              CENTER FOR INCLUSION OF STUDENTS WITH INTELLECTUAL 
              DISABILITIES.

    ``(a) National Technical Assistance Center.--
            ``(1) In general.--From amounts appropriated under 
        paragraph (5), the Secretary shall award a grant to, or enter 
        into a contract or cooperative agreement with, an eligible 
        entity to provide for the establishment and support of a 
        National Technical Assistance Center. The National Technical 
        Assistance Center shall carry out the duties set forth in 
        paragraph (4).
            ``(2) Administration.--The program under this section shall 
        be administered by the office in the Department that 
        administers other postsecondary education programs in 
        consultation with the Office of Special Education and 
        Rehabilitative Services.
            ``(3) Eligible entity.--In this subpart, the term `eligible 
        entity' means an institution of higher education, a nonprofit 
        organization, or partnership of two or more such institutions 
        or organizations, with demonstrated expertise in--
                    ``(A) transitioning students with disabilities from 
                secondary school to postsecondary education;
                    ``(B) supporting students with disabilities in 
                postsecondary education;
                    ``(C) technical knowledge necessary for the 
                dissemination of information in accessible formats; and
                    ``(D) working with diverse types of institutions of 
                higher education, including community colleges.
            ``(4) Duties.--The duties of the National Technical 
        Assistance Center shall include the following:
                    ``(A) Assistance to students and families.--The 
                National Technical Assistance Center shall provide 
                information and technical assistance to students with 
                disabilities and the families of students with 
                disabilities to support students across the broad 
                spectrum of disabilities, including--
                            ``(i) information to assist individuals 
                        with disabilities who are prospective students 
                        of an institution of higher education in 
                        planning for postsecondary education while the 
                        students are in secondary school;
                            ``(ii) information and technical assistance 
                        provided to individualized education program 
                        teams (as defined in section 614(d)(1) of the 
                        Individuals with Disabilities Education Act) 
                        for secondary school students with 
                        disabilities, and to early outreach and student 
                        services programs, including programs 
                        authorized under subparts 2, 4, and 5 of part A 
                        of title IV, to support students across a broad 
                        spectrum of disabilities with the successful 
                        transition to postsecondary education;
                            ``(iii) research-based supports, services, 
                        and accommodations which are available in 
                        postsecondary settings, including services 
                        provided by other agencies such as vocational 
                        rehabilitation;
                            ``(iv) information on student mentoring and 
                        networking opportunities for students with 
                        disabilities; and
                            ``(v) effective recruitment and transition 
                        programs at postsecondary educational 
                        institutions.
                    ``(B) Assistance to institutions of higher 
                education.--The National Technical Assistance Center 
                shall provide information and technical assistance to 
                faculty, staff, and administrators of institutions of 
                higher education to improve the services provided to, 
                the accommodations for, the retention rates of, and the 
                completion rates of, students with disabilities in 
                higher education settings, which may include--
                            ``(i) collection and dissemination of best 
                        and promising practices and materials for 
                        accommodating and supporting students with 
                        disabilities, including practices and materials 
                        supported by the grants, contracts, or 
                        cooperative agreements authorized under 
                        subparts 1, 2, and 3;
                            ``(ii) development and provision of 
                        training modules for higher education faculty 
                        on exemplary practices for accommodating and 
                        supporting postsecondary students with 
                        disabilities across a range of academic fields, 
                        which may include universal design for learning 
                        and practices supported by the grants, 
                        contracts, or cooperative agreements authorized 
                        under subparts 1, 2, and 3; and
                            ``(iii) development of technology-based 
                        tutorials for higher education faculty and 
                        staff, including new faculty and graduate 
                        students, on best and promising practices 
                        related to support and retention of students 
                        with disabilities in postsecondary education.
                    ``(C) Information collection and dissemination.--
                The National Technical Assistance Center shall be 
                responsible for building, maintaining, and updating a 
                database of disability support services information 
                with respect to institutions of higher education, or 
                for expanding and updating an existing database of 
                disabilities support services information with respect 
                to institutions of higher education. Such database 
                shall be available to the general public through a 
                website built to high technical standards of 
                accessibility practicable for the broad spectrum of 
                individuals with disabilities. Such database and 
                website shall include available information on--
                            ``(i) disability documentation 
                        requirements;
                            ``(ii) support services available;
                            ``(iii) links to financial aid;
                            ``(iv) accommodations policies;
                            ``(v) accessible instructional materials;
                            ``(vi) other topics relevant to students 
                        with disabilities; and
                            ``(vii) the information in the report 
                        described in subparagraph (E).
                    ``(D) Disability support services.--The National 
                Technical Assistance Center shall work with 
                organizations and individuals with proven expertise 
                related to disability support services for 
                postsecondary students with disabilities to evaluate, 
                improve, and disseminate information related to the 
                delivery of high quality disability support services at 
                institutions of higher education.
                    ``(E) Review and report.--Not later than three 
                years after the establishment of the National Technical 
                Assistance Center, and every two years thereafter, the 
                National Technical Assistance Center shall prepare and 
                disseminate a report to the Secretary and the 
                authorizing committees analyzing the condition of 
                postsecondary success for students with disabilities. 
                Such report shall include--
                            ``(i) a review of the activities and the 
                        effectiveness of the programs authorized under 
                        this part;
                            ``(ii) annual enrollment and graduation 
                        rates of students with disabilities in 
                        institutions of higher education from publicly 
                        reported data;
                            ``(iii) recommendations for effective 
                        postsecondary supports and services for 
                        students with disabilities, and how such 
                        supports and services may be widely implemented 
                        at institutions of higher education;
                            ``(iv) recommendations on reducing barriers 
                        to full participation for students with 
                        disabilities in higher education; and
                            ``(v) a description of strategies with a 
                        demonstrated record of effectiveness in 
                        improving the success of such students in 
                        postsecondary education.
                    ``(F) Staffing of the center.--In hiring employees 
                of the National Technical Assistance Center, the 
                National Technical Assistance Center shall consider the 
                expertise and experience of prospective employees in 
                providing training and technical assistance to 
                practitioners.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000.
    ``(b) The National Coordinating Center for Inclusion of Students 
With Intellectual Disabilities.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means an entity, or a partnership of 
        entities, that has demonstrated expertise in the fields of--
                    ``(A) higher education;
                    ``(B) the education of students with intellectual 
                disabilities;
                    ``(C) the development of inclusive higher education 
                programs for students with intellectual disabilities; 
                and
                    ``(D) evaluation and technical assistance.
            ``(2) In general.--From amounts appropriated under 
        paragraph (7), the Secretary shall enter into a cooperative 
        agreement, on a competitive basis, with an eligible entity for 
        the purpose of establishing a coordinating center for 
        institutions of higher education that offer inclusive higher 
        education programs for students with intellectual disabilities, 
        including institutions participating in grants authorized under 
        subpart 2 to provide--
                    ``(A) recommendations related to the development of 
                standards for such programs;
                    ``(B) technical assistance for such programs; and
                    ``(C) evaluations for such programs, including 
                systematic collection of data on the experiences and 
                outcomes of individuals with intellectual disabilities.
            ``(3) Administration.--The program under this subsection 
        shall be administered by the Office of Postsecondary Education, 
        in collaboration with the Office of Special Education and 
        Rehabilitative Services.
            ``(4) Duration.--The Secretary shall enter into a 
        cooperative agreement under this subsection for a period of 
        five years.
            ``(5) Requirements of cooperative agreement.--The eligible 
        entity entering into a cooperative agreement under this 
        subsection shall establish and maintain a coordinating center 
        that shall--
                    ``(A) serve as the technical assistance entity for 
                all inclusive higher education programs and 
                comprehensive transition and postsecondary programs for 
                students with intellectual disabilities;
                    ``(B) provide technical assistance regarding the 
                development, evaluation, and continuous improvement of 
                such programs;
                    ``(C) evaluate such programs using qualitative and 
                quantitative methodologies for measuring program 
                strengths in the areas of academic access, academic 
                enrichment, socialization, competitive integrated 
                employment, attainment of a degree, certificate, or 
                recognized postsecondary credential, and independent 
                living;
                    ``(D) evaluate participant progress by creating and 
                maintaining a database of student-level information and 
                data related to the experiences and outcomes of youth 
                who participate in each inclusive higher education 
                program that receives a grant under this subpart;
                    ``(E) create and maintain a mechanism for 
                continuing to collect outcome information from students 
                who participated in inclusive higher education programs 
                that were developed in previous grant award cycles;
                    ``(F) assist recipients of a grant under this 
                subpart in efforts to award a meaningful credential and 
                to seek institution of higher education approval for 
                any newly developed credentials;
                    ``(G) create and maintain a database of student and 
                program level data reflecting implementation of the 
                inclusive higher education program that receives a 
                grant under this subpart;
                    ``(H) create and maintain a mechanism to 
                consolidate follow up data on student outcomes 
                collected by inclusive higher education programs funded 
                through previous grant cycles;
                    ``(I) assist recipients of grants under subpart 2 
                in efforts to award a degree, certificate, or 
                recognized postsecondary credential to students with 
                intellectual disabilities upon the completion of such 
                programs;
                    ``(J) identify model memoranda of agreement for use 
                between or among institutions of higher education and 
                State and local agencies providing funding for such 
                programs;
                    ``(K) develop recommendations for the necessary 
                components of such programs, such as--
                            ``(i) academic, career and technical, 
                        social, and independent living skills;
                            ``(ii) evaluation of student progress;
                            ``(iii) program administration and 
                        evaluation;
                            ``(iv) student eligibility;
                            ``(v) issues regarding the equivalency of a 
                        student's participation in such programs to 
                        semester, trimester, quarter, credit, or clock 
                        hours at an institution of higher education, as 
                        the case may be; and
                            ``(vi) access to student housing for 
                        students participating in the inclusive higher 
                        education programs, including accommodations 
                        and services that support independent living;
                    ``(L) review and analyze--
                            ``(i) the impact of Federal and State 
                        legislation on inclusive higher education and 
                        inclusive higher education policy; and
                            ``(ii) funding streams for such programs;
                    ``(M) provide recommendations regarding the funding 
                streams described in paragraph (H)(ii);
                    ``(N) develop mechanisms for regular communication, 
                outreach and dissemination of information about 
                inclusive higher education programs for students with 
                intellectual disabilities under subpart 2 between or 
                among such programs and to families and prospective 
                students;
                    ``(O) host a meeting of all recipients of grants 
                under subpart 2 not less often than once each year; and
                    ``(P) convene a work group to continue the 
                development of and recommendations for model criteria, 
                standards, and components of inclusive higher education 
                programs and comprehensive transition and postsecondary 
                programs for students with intellectual disabilities, 
                that are appropriate for the development of 
                accreditation standards--
                            ``(i) which work group shall include--
                                    ``(I) an expert in community 
                                college education;
                                    ``(II) an expert in career 
                                technical education;
                                    ``(III) an expert in 4-year 
                                institutions of higher education;
                                    ``(IV) an expert in special 
                                education;
                                    ``(V) a disability organization 
                                that represents students with 
                                intellectual disabilities;
                                    ``(VI) a representative from the 
                                National Advisory Committee on 
                                Institutional Quality and Integrity; 
                                and
                                    ``(VII) a representative of a 
                                regional or national accreditation 
                                agency or association; and
                            ``(ii) the work group will carry out the 
                        following activities--
                                    ``(I) conduct outreach to 
                                accrediting agencies;
                                    ``(II) develop a technical guidance 
                                document to support implementation of 
                                the model standards;
                                    ``(III) develop and conduct a 
                                protocol for field testing and 
                                implementing the model standards; and
                                    ``(IV) update recommendations for 
                                the model standards, criteria, and 
                                components of such programs, as 
                                applicable.
            ``(6) Report.--Not later than 5 years after the date of the 
        establishment of the coordinating center under this subsection, 
        the coordinating center shall report to the Secretary, the 
        authorizing committees, and the National Advisory Committee on 
        Institutional Quality and Integrity on the activities described 
        in paragraph (5).
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subpart such 
        sums as may be necessary for fiscal year 2023 and each of the 
        five succeeding fiscal years.''.
    (b) Authorization of Appropriations.--Section 778 of the Higher 
Education Act of 1965 is repealed.

SEC. 106. DEFINITIONS.

    Section 760 of the Higher Education Act of 1965 (20 U.S.C. 1140) is 
amended to read as follows:

``SEC. 760. DEFINITIONS.

    ``In this part:
            ``(1) Comprehensive transition and postsecondary program 
        for students with intellectual disabilities.--The term 
        `comprehensive transition and postsecondary program for 
        students with intellectual disabilities' means a program that 
        leads to a degree, certificate, or recognized postsecondary 
        credential issued by an institution of higher education that 
        meets each of the following requirements:
                    ``(A) Is offered by an institution of higher 
                education.
                    ``(B) Is designed to support students with 
                intellectual disabilities who are seeking to continue 
                academic, career and technical, and independent living 
                instruction at an institution of higher education in 
                order to prepare for competitive integrated employment.
                    ``(C) Includes student advising and a program of 
                study.
                    ``(D) Requires students with intellectual 
                disabilities to participate on not less than a half-
                time basis as determined by the institution, with such 
                participation focusing on academic and career 
                development components and occurring through one or 
                more of the following activities:
                            ``(i) Regular enrollment in credit-bearing 
                        courses with students without disabilities that 
                        are offered by the institution.
                            ``(ii) Auditing or participating in courses 
                        with students without disabilities that are 
                        offered by the institution and for which the 
                        student does not receive regular academic 
                        credit.
                            ``(iii) Enrollment in noncredit-bearing, 
                        nondegree courses with students without 
                        disabilities.
                            ``(iv) Participation in internships, 
                        apprenticeships, or work-based experiences in 
                        competitive integrated settings for a semester, 
                        or multiple semesters.
                    ``(E) Requires students with intellectual 
                disabilities to be socially and academically integrated 
                with students without disabilities to the maximum 
                extent practicable.
                    ``(F) Does not require the work components (ii) to 
                occur each semester.
            ``(2) Disability.--The term `disability' has the meaning 
        given such term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101.
            ``(4) Office of accessibility.--The term `Office of 
        Accessibility' has the meaning given to the office of 
        disability services of the institution or equivalent office.
            ``(5) Recognized postsecondary credential.--The term 
        `recognized postsecondary credential' has the meaning given the 
        term in section 101 of the Workforce Innovation and Opportunity 
        Act.
            ``(6) Student with an intellectual disability.--The term 
        `student with an intellectual disability' means a student--
                    ``(A) with a cognitive impairment, characterized by 
                significant limitations in--
                            ``(i) intellectual and cognitive 
                        functioning; and
                            ``(ii) adaptive behavior as expressed in 
                        conceptual, social, and practical adaptive 
                        skills;
                    ``(B) who is currently, or was formerly, eligible 
                for a free appropriate public education under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.); and
                    ``(C) or, in the case of a student who has not 
                currently or formerly been found eligible for a free 
                appropriate education under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.), or 
                a student who has not previously been found eligible as 
                a student with an intellectual disability under such 
                Act, documentation establishing that the student has an 
                intellectual disability, such as--
                            ``(i) a documented comprehensive and 
                        individualized psycho-educational evaluation 
                        and diagnosis of an intellectual disability by 
                        a psychologist or other qualified professional; 
                        or
                            ``(ii) a record of the disability from a 
                        local or State educational agency, or 
                        government agency, such as the Social Security 
                        Administration or a vocational rehabilitation 
                        agency, that identifies the intellectual 
                        disability.
            ``(7) Universal design for learning.--The term `universal 
        design for learning' means a scientifically valid framework for 
        guiding educational practice that--
                    ``(A) provides flexibility in the ways information 
                is presented, in the ways students respond or 
                demonstrate knowledge and skills, and in the ways 
                students are engaged; and
                    ``(B) reduces barriers in instruction, provides 
                appropriate accommodations, supports, and challenges 
                and maintains high achievement expectations for all 
                students, including students with disabilities and 
                students who are limited English proficient.''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. SUBMISSION OF DATA WITH RESPECT TO STUDENTS WITH 
              DISABILITIES.

    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 submit, for inclusion in the 
        Integrated Postsecondary Education Data System of the 
        Department or any other Federal postsecondary institution data 
        collection effort, key data related to undergraduate and 
        graduate students enrolled at the institution who are formally 
        registered as students with disabilities with the institution's 
        office of accessibility, including the total number of students 
        with disabilities enrolled, the number of students accessing or 
        receiving accommodation, 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. 202. TRAINING FOR REALTIME WRITERS TO PROVIDE CLOSED CAPTIONING 
              AND COURT REPORTING SERVICES.

    Section 872(e) of the Higher Education Act of 1965 (20 U.S.C. 
1161s(e)) is amended by striking ``2009'' and inserting ``2023''.

SEC. 203. PERFECTING AMENDMENT.

    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''.
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