[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3589 Reported in Senate (RS)]
<DOC>
Calendar No. 543
119th CONGRESS
2d Session
S. 3589
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
January 7, 2026
Mr. Banks (for himself, Ms. Hassan, Mr. Cassidy, Mr. Van Hollen, Mr.
Young, Ms. Smith, Mr. Kelly, Mr. Schmitt, Ms. Collins, Mr. King, Mr.
Kaine, and Ms. Blunt Rochester) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
August 5, 2026
Reported by Mr. Cassidy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Respond, Innovate, Succeed,
and Empower Act'' or the ``RISE Act''.</DELETED>
<DELETED>SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF
DISABILITY.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE
ENROLLED IN COLLEGE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(30)(A) The institution will carry out the
following:</DELETED>
<DELETED> ``(i) Adopt policies that make any of the
following documentation submitted by an individual
sufficient to establish that such individual is an
individual with a disability:</DELETED>
<DELETED> ``(I) Documentation that the
individual has had an individualized education
program (referred to in this paragraph as an
`IEP') in accordance with section 614(d) of the
Individuals with Disabilities Education Act, if
the IEP for the student was utilized in high
school.</DELETED>
<DELETED> ``(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)
(referred to in this paragraph as a `Section
504 plan'), if the Section 504 plan for the
student was utilized in high school.</DELETED>
<DELETED> ``(III) A plan or record of
service for the individual from a private high
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.).</DELETED>
<DELETED> ``(IV) A record or evaluation from
a relevant licensed professional finding that
the individual has a disability.</DELETED>
<DELETED> ``(V) A plan or record of
disability from another institution of higher
education.</DELETED>
<DELETED> ``(VI) Documentation of a
disability due to service in the uniformed
services, as defined in section
484C(a).</DELETED>
<DELETED> ``(ii) Adopt policies that are transparent
and explicit regarding information about the process by
which the institution determines eligibility for
accommodations.</DELETED>
<DELETED> ``(iii) 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.</DELETED>
<DELETED> ``(B) Nothing in this paragraph shall be construed
to preclude an institution from establishing less burdensome
criteria than that described in subparagraph (A) to establish
an individual as an individual with a disability and therefore
eligible for accommodations.''.</DELETED>
<DELETED>SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR
INFORMATION AND TECHNICAL SUPPORT FOR POSTSECONDARY
STUDENTS WITH DISABILITIES.</DELETED>
<DELETED> Section 777(a) of the Higher Education Act of 1965 (20
U.S.C. 1140q(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``From amounts
appropriated under section 778,'' and inserting ``From amounts
appropriated under paragraph (5),''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection a
total of $10,000,000 for fiscal years 2027 through
2031.''.</DELETED>
<DELETED>SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH
DISABILITIES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(31)(A) 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 in the institution who are formally registered as
students with disabilities with the institution's office of
disability services (which, for purposes of this paragraph,
includes an equivalent office), including--</DELETED>
<DELETED> ``(i) the total number of students
registered with the institution's office of disability
services;</DELETED>
<DELETED> ``(ii) the number of students accessing or
receiving accommodations, as voluntarily reported to
the institution's office of disability
services;</DELETED>
<DELETED> ``(iii) the percentage of undergraduate
students enrolled in the institution who are registered
with the institution's office of disability services;
and</DELETED>
<DELETED> ``(iv) the total number of undergraduate
certificates or degrees awarded to students registered
with the institution's office of disability
services.</DELETED>
<DELETED> ``(B) Notwithstanding subparagraph (A), an
institution shall not be required to submit information under
this paragraph if the number of such students would reveal
personally identifiable information about an individual
student.''.</DELETED>
<DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respond, Innovate, Succeed, and
Empower Act'' or the ``RISE Act''.
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)(A) The institution will carry out the following:
``(i) Adopt policies that 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
(referred to in this paragraph as an `IEP') in
accordance with section 614(d) of the
Individuals with Disabilities Education Act, if
the IEP for the student was utilized at any
point in high school (without regard as to
whether the date of the student's most recent
evaluation or reevaluation occurred before the
student entered high 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) (referred to in
this paragraph as a `Section 504 plan'), if the
Section 504 plan for the student was utilized
at any point in high school (without regard as
to whether the date of the student's most
recent evaluation or reevaluation occurred
before the student entered high school).
``(III) A plan or record of service for the
individual from a private high 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).
``(ii) Adopt policies that are transparent and
explicit regarding information about the process by
which the institution determines eligibility for
reasonable accommodations or modifications consistent
with section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(iii) 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.
``(B) Nothing in this paragraph shall be construed to
preclude an institution from establishing less burdensome
criteria than that described in subparagraph (A) to establish
an individual as an individual with a disability who may be
eligible for reasonable accommodations or modifications.''.
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 for
the period of fiscal years 2027 through 2031.''.
SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
(a) In General.--Section 487(a) of the Higher Education Act of 1965
(20 U.S.C. 1094(a)), as amended by section 3, is further amended--
(1) by redesignating paragraphs (18) through (30) as
paragraphs (19) through (31), respectively; and
(2) by inserting after paragraph (17) the following:
``(18)(A) 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 and graduate students
enrolled in the institution who are formally registered as
students with disabilities with the institution's office of
disability services (which, for purposes of this paragraph,
includes an equivalent office), including--
``(i) the total number of undergraduate and
graduate students registered with the institution's
office of disability services;
``(ii) the number of undergraduate and graduate
students accessing or receiving reasonable
accommodations or modifications, as voluntarily
reported to the institution's office of disability
services;
``(iii) the percentage of undergraduate and
graduate students enrolled in the institution who are
registered with the institution's office of disability
services; and
``(iv) the total number of undergraduate and
graduate certificates or degrees awarded to students
registered with the institution's office of disability
services.
``(B) Notwithstanding subparagraph (A), an institution
shall not be required to submit information under this
paragraph if the number of such students would reveal
personally identifiable information about an individual
student.''.
(b) Conforming Amendments.--
(1) Higher education act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(A) in the matter preceding clause (i) of section
152(a)(1)(A) (20 U.S.C. 1019a(a)(1)(A)), by striking
``(a)(27)'' and inserting ``(a)(28)'';
(B) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)),
by striking ``section 487(a)(25)'' each place the term
appears and inserting ``section 487(a)(26)''; and
(C) in section 487 (20 U.S.C. 1094)--
(i) in subsection (d), by striking
``subsection (a)(24)'' each place the term
appears and inserting ``subsection (a)(25)'';
(ii) in the matter preceding paragraph (1)
of subsection (e), by striking ``subsection
(a)(25)'' and inserting ``subsection (a)(26)'';
and
(iii) in the matter preceding subparagraph
(A) of subsection (h)(1), by striking
``subsection (a)(27)'' and inserting
``subsection (a)(28)''.
(2) Title 38, united states code.--Title 38, United States
Code, is amended--
(A) in section 3679(f)(2)(C), by striking ``section
487(a)(20) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(20))'' and inserting ``section
487(a)(21) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(21))''; and
(B) in section 3696(c)(2), by striking ``section
487(a)(20) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(20))'' and inserting ``section
487(a)(21) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(21))''.
SEC. 6. RULES OF CONSTRUCTION.
None of the amendments made by this Act shall be construed to
affect--
(1) the meanings of the terms ``reasonable accommodation'',
``reasonable modification'', and ``record of impairment'' under
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794); or
(2) the rights or remedies provided under such Acts.
Calendar No. 543
119th CONGRESS
2d Session
S. 3589
_______________________________________________________________________
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.
_______________________________________________________________________
August 5, 2026
Reported with an amendment