Sec. 901. Higher education opportunities and supports for students with disabilities

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Act ( 20 U.S.C. 1001 et seq. ) is amended by adding at the end the following: It is the purpose of this section to provide technical assistance and information— about the rights and responsibilities of postsecondary students with disabilities under 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. ); and to support the recruitment, enrollment, retention, graduation, and education of such students.

The activities under this section shall be jointly administered by the Office of Postsecondary Education and the Office of Special Education and Rehabilitative Services. From amounts appropriated to carry out this section, 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 for College Students With Disabilities and Their Families (hereafter referred to as the National Center for Students With Disabilities ).

The National Center for Students With Disabilities shall carry out the duties set forth in paragraph (3). In this subsection, the term eligible entity means an institution of higher education, a nonprofit organization, or a partnership of 2 or more such institutions or organizations, with demonstrated expertise in— the recruitment, enrollment, retention, graduation, and education of students with disabilities, including students with autism spectrum disorder and other developmental disabilities, in postsecondary education; the technical knowledge necessary for the dissemination of information in accessible formats; and creating and disseminating convenient and credible online resources.

The National Center for Students With Disabilities shall provide information and technical assistance to postsecondary students with disabilities and the families of postsecondary students with disabilities to support students across the broad spectrum of disabilities, including individuals with autism spectrum disorder and other developmental disabilities, which may include providing— information to assist individuals with disabilities who are prospective students of an institution of higher education in planning for postsecondary education while in secondary school, and earlier; information and technical assistance— including self-advocacy skills, 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 to support students across a broad spectrum of disabilities with the successful transition to postsecondary education; information on evidence-based supports, services, and accommodations that are available in postsecondary settings, including services such as vocational rehabilitation that are provided by other agencies, and providing information about how to qualify for those services; information on student mentoring and networking opportunities for students with disabilities; information on effective recruitment and transition programs at postsecondary educational institutions; and information on support (including tuition, as appropriate) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business.

From amounts appropriated to carry out this section, 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 for Disability Support Services at Institutions of Higher Education (hereafter referred to as the National Center for Institutions of Higher Education ). The National Center for Institutions of Higher Education shall carry out the duties set forth in paragraph (3).

In this subsection, the term eligible entity means an institution of higher education, a nonprofit organization, or a partnership of 2 or more such institutions or organizations, with demonstrated expertise in— the recruitment, enrollment, retention, graduation, and education of students with disabilities in postsecondary education, including students with autism spectrum disorder and other developmental disabilities; supporting faculty and understanding best practices in working with students with disabilities, including students with autism spectrum disorder and other developmental disabilities; technical knowledge necessary for the dissemination of information in accessible formats; and identifying instructional strategies that are effective for students with disabilities, including students with autism spectrum disorder and other developmental disabilities.

The National Center for Institutions of Higher Education 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, including students with autism spectrum disorder and other developmental disabilities, in higher education settings, which may include— collecting, developing, and disseminating quality indicators and best and promising practices and materials for accommodating and supporting students with disabilities; training and supporting students with disabilities to enhance and support their self-advocacy skills; promoting awareness of, and the use of, assistive technology and augmentative communication in postsecondary education settings; developing and providing training modules for higher education faculty and staff on exemplary practices for accommodating and supporting postsecondary students with disabilities across a range of academic fields, which may include universal design for learning; developing technology-based tutorials for higher education faculty and staff, including new faculty and graduate students, on evidence-based best and promising practices related to support and retention of students with disabilities in postsecondary education; developing and providing training and technical assistance for faculty and staff of institutions of higher education on emerging evidence-based best practices for the selection, production, and timely delivery of high-quality accessible instructional materials to meet the needs of students with disabilities in postsecondary settings; developing and disseminating an evidence-based operational model for institutions of higher education to timely provide high-quality accessible instructional materials to students with disabilities; and information on providing support (including tuition, as appropriate) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business.

It is the purpose of this section to collect, maintain, and disseminate data and information about the experiences and outcomes of postsecondary education students with disabilities. From amounts appropriated to carry out this section, 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 Data Center on Higher Education and Disability (in this part referred to as the National Data Center ).

The National Data Center shall carry out the duties set forth in paragraph (4). The program under this section shall be jointly administered by the Office of Postsecondary Education and the Office of Special Education and Rehabilitative Services. In this section, the term eligible entity means an institution of higher education, a nonprofit organization, or a partnership of 2 or more such institutions or organizations, with demonstrated expertise in— supporting students with disabilities in postsecondary education; technical knowledge necessary for the dissemination of information in accessible formats; and working with diverse types of institutions of higher education, including community colleges.

The duties of the National Data Center shall include the following: The National Data Center shall be responsible for using the data submitted in accordance with section 903— to build, maintain, and update a database of information about disability support services provided by institutions of higher education; or to expand and update any existing database containing such information. The database described in clause

(i)shall contain de-identified, individual student-level data for every student who discloses the student's disability to, and seeks disability accommodations from, the institution of higher education that the student attends, including— the student's disability category described in section 903(a); the supports and accommodations provided to the student; enrollment information, including the student's program of study, progress toward completion of a certificate or degree, and program completion status; and information about the student's employment or further education for the 5 years following completion of the student's program of study. In addition to the data described in clause (ii), such database shall include, for each institution of higher education required to submit information in accordance with section 903— the institution's— disability documentation requirements; support services that are available for students with disabilities; policies on accommodations for students with disabilities; and accessible instructional materials; regularly updated reports regarding the students with disabilities who sought disability accommodations through the institution's disability support services office, including information about the services received by such students; other information relevant to students with disabilities, as determined by the Secretary; and the information described in subparagraphs

(A)through

(D)of paragraph (5). The National Data Center shall make available to the general public, through a website that is built to high technical standards of accessibility practicable for the broad spectrum of individuals with disabilities— the data described in clause (ii), aggregated at the institution level; the information described in clause (iii); and links to information about student financial aid, including Federal and institutional student aid. The National Data Center shall work with organizations and individuals that have 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. Not later than 3 years after the establishment of the National Data Center, and every 2 years thereafter, the National Center shall prepare and disseminate a report to the Secretary and the authorizing committees of Congress analyzing the condition of postsecondary services and success for students with disabilities. Such report shall include— a review of the activities and the effectiveness of the programs authorized under this part; annual enrollment, retention, and graduation rates of students with disabilities in institutions of higher education that receive funds under title IV, disaggregated by disability according to the categories established under section 903(a) (unless disaggregation results in possible identification of a student); 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; recommendations on reducing barriers to full participation for students with disabilities in higher education; and a description of disability support services and strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education. In hiring employees of the National Data Center, the National Data Center shall consider the expertise and experience of prospective employees in creating and maintaining high quality national databases focused on the experiences and outcomes of individuals with disabilities. The National Data Center, the National Center for Students With Disabilities, and the National Center for Institutions of Higher Education shall adopt the following categories to describe data collected, analyzed, and disseminated about students with disabilities: Attention Deficit Hyperactivity Disorder (ADHD). Autism, including Asperger Syndrome. Blind or visually impaired. Brain Injury, including acquired brain injury and traumatic brain injury. Deaf or hard of hearing. Deaf-blind. Intellectual disability. Learning disability. Long-term health condition. Physical or mobility disability. Psychiatric disability. Speech or language disability. Other disability. Each institution of higher education that receives funds under title IV shall collect and submit the following data to the National Data Center: The institution's disability documentation requirements. The support services available at the institution. Links to information about institutional financial aid. The institution's accommodations policies. The institution's accessible instructional materials. Individual-level, de-identified data describing services and accommodations provided to students with disabilities, as well as the retention and graduation rates of students with disabilities who sought disability services and accommodations from the institution of higher education. The institution's annual budget devoted to providing disability supports, services, and accommodations. Other information relevant to students with disabilities, as required by the Secretary. Institutions of higher education submitting the data required under subsection

(b)shall collect, organize, and submit such data in a way that supports disaggregation by the disability categories specified in subsection (a). All data submitted to the National Data Center by institutions of higher education in accordance with subsection

(b)shall be made available to the public not later than 1 year after that data is submitted to the National Data Center. It is the purpose of this subpart to promote the successful transition of students with intellectual disabilities into higher education that leads to successful employment outcomes in the integrated, competitive workforce. In this subpart: The term inclusive higher education program for students with intellectual disabilities means a degree, certificate, or non-degree program that— is offered by an institution of higher education; is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, or independent living instruction at an institution of higher education in order to prepare for competitive integrated employment; includes an advisement component and program of study; requires students with intellectual disabilities to participate in work-based training or internships with nondisabled individuals; and requires students with intellectual disabilities to participate, on not less than a half-time basis, each academic term (as determined by the institution), with such participation focusing on academic components and occurring through one or more of the following activities: Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. Enrollment in noncredit-bearing, nondegree courses with nondisabled students. The term student with an intellectual disability means a student— with a cognitive impairment, characterized by significant limitations in— intellectual and cognitive functioning; and adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act. From amounts appropriated to carry out this section, the Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive higher education programs for students with intellectual disabilities. The Secretary shall award grants under this section in a manner that ensures that new 5-year grants are awarded each fiscal year. The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. A grant under this section shall be awarded for a period of 5 years. An institution of higher education (or a consortium) is only eligible for one 5-year grant under this section. A recipient institution or consortium shall sustain the program carried out under this section after the expiration of the grant period using funding from another source. 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. In awarding grants under this section, the Secretary shall— prohibit grantees from the 2010–2014 grant cycle under this section from competing for the 2014–2018 grant cycle, in order to generate a larger number of self-sustaining inclusive higher education programs for students with intellectual disabilities across the United States; provide for an equitable geographic distribution of such grants; to the greatest 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; provide grant funds for inclusive higher education programs for students with intellectual disabilities that will serve areas that are underserved by programs of this type; and give preference to applicants that agree to incorporate into the inclusive higher education programs for students with intellectual disabilities carried out under the grant, 1 or more of the following elements: The formation of a partnership with any relevant State or local agency serving students with intellectual disabilities, such as a vocational rehabilitation agency. In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students with intellectual disabilities into the housing offered to nondisabled students. The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the program. An institution of higher education (or a consortium) receiving a grant under this section shall use the grant funds to establish an inclusive higher education program for students with intellectual disabilities that— serves students with intellectual disabilities; 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 institution of higher education’s regular postsecondary program; with respect to the students with intellectual disabilities participating in the program, provides a focus on— academic enrichment; integrated socialization with nondisabled students; independent living skills, including self-advocacy skills; and integrated work experiences and career skills that lead to competitive integrated employment; provides integrated person-centered planning in the development of the course of study for each student with an intellectual disability participating in the program; participates with the inclusive higher education programs for students with intellectual disabilities coordinating center established under section 913 (referred to in this part as the coordinating center ) in the evaluation of the program, including by regularly submitting data on the experiences and outcomes of individual students participating in the program; partners with 1 or more local educational agencies to support students with intellectual disabilities participating in the program who are still eligible for special education and related services under the Individuals with Disabilities Education Act, including the use of funds available under part B of such Act to support the participation of such students in the program; plans for the sustainability of the program after the end of the grant period; offers an existing meaningful credential to students with intellectual disabilities upon completion of the inclusive program, or, if such credentials are not available, creates a meaningful credential that aligns with existing industry or discipline approved credentials to students with intellectual disabilities upon completion of the program; and provides for the collection and transmission of data in accordance with subsection (e). An institution or consortium receiving a grant under this section shall collect, and transmit to the coordinating center on an annual basis and 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. Each grantee shall collect longitudinal outcome data from former students who participated in the program and transmit such data to the coordinating center. Such longitudinal data shall be collected for every student each year for 5 years after the student graduates from, or otherwise exits, the program. The program-level information and data and student-level information and data to be collected under this subsection shall include— the number and type of postsecondary education courses taken and completed by the student; academic outcomes; competitive, integrated employment outcomes; independent living outcomes; and social outcomes. An institution of higher education (or consortium) that receives a grant under this section shall provide matching funds toward the costs 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. 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— reviews the activities of the inclusive higher education programs for students with intellectual disabilities funded under this section; and provides guidance and recommendations on how effective programs can be replicated. Nothing in this subpart shall be construed to reduce or expand— the obligation of a State or local educational agency to provide a free appropriate public education, as defined in section 602 of the Individuals with Disabilities Education Act; or eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.). There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. For any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section 913(b), in an amount that is not less than $1,000,000. Not less than 40 percent of this sum shall be used for the administration of continued collection of data from inclusive higher education programs for students with intellectual disabilities grantees, and the dissemination efforts of such grantees, from earlier grant cycles. In this subsection, the term eligible entity means an entity, or a partnership of entities, that has demonstrated expertise in— higher education; the education of students with intellectual disabilities; the development of inclusive higher education programs for students with intellectual disabilities; and evaluation and technical assistance. From amounts appropriated under section 912(i)(2), the Secretary shall enter into a cooperative agreement with an eligible entity (determined on a competitive basis) for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive higher education programs for students with intellectual disabilities (referred to in this section as inclusive higher education programs ). The coordinating center shall carry out the activities described in subsection

(e)and shall provide— recommendations related to the development of standards for inclusive higher education programs; technical assistance for such programs; and evaluations for such programs, including systematic collection of data on the experiences and outcomes of individuals with intellectual disabilities. The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. The Secretary shall enter into a cooperative agreement, as described in subsection

(b)for a period of 5 years. The coordinating center established under subsection

(b)shall carry out the following activities: Evaluating 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. The program and student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section 912(e)(3). Creating and maintaining 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. Creating and maintaining a mechanism for collaborating with highly integrated, inclusive higher education programs from earlier grant cycles, with the purpose of disseminating and publicizing best practices for implementing such programs. Serving as the technical assistance entity for all inclusive higher education programs for students with intellectual disabilities, including by providing technical assistance regarding the development, evaluation, and continuous improvement of such programs. Developing an evaluation protocol for inclusive higher education programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of— inclusive academics; socialization; independent living; and the achievement of competitive, integrated employment. Assisting recipients of a grant under this subpart in efforts to consider how to ensure their meaningful credentials align with existing approved credentials and to seek institution of higher education approval for any newly developed credentials. Developing recommendations for the necessary components of such programs, such as— the development of academic, vocational, social, and independent living skills; program administration and evaluation; student eligibility; and 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. Analyzing possible funding streams for inclusive higher education programs and providing recommendations regarding those funding streams. Developing model memoranda of agreement for use between or among institutions of higher education and State and local agencies providing funding for such programs. Developing mechanisms for regular communication, outreach, and dissemination of information about inclusive higher education programs receiving a grant under this subpart between or among such programs and to families and prospective students who may wish to participate in such programs. Hosting a meeting of all grant recipients not less often than once each year. Convening a workgroup to— develop and recommend model criteria, standards, and components of such programs, that are appropriate for the development of accreditation standards, that shall include— an expert in higher education; an expert in special education; a disability organization that represents students with intellectual disabilities; a representative from the National Advisory Committee on Institutional Quality and Integrity; and a representative of a regional or national accreditation agency or association; and oversee the coordinating center staff in field testing such model criteria, standards, and components. Not later than 2 years after the date of enactment of the Higher Education Affordability Act , the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in subsection (e)(12). It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students who are deaf-blind into higher education and employment outcomes in integrated, competitive settings at the levels expected given their postsecondary education. In this subpart: The term comprehensive transition and postsecondary program for students who are deaf-blind means a degree, certificate, or nondegree program of postsecondary education that— is offered by an institution of higher education; is designed to support students who are deaf-blind and 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; includes an advising and curriculum structure; requires students who are deaf-blind to participate in internships or work-based training in competitive, integrated workplace settings with nondisabled individuals; and requires students who are deaf-blind to participate in the program on not less than a half-time basis, as determined by the institution, with such participation focusing on academic components and occurring through 1 or more of the following activities: Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. Enrollment in noncredit-bearing, nondegree courses with nondisabled students. The term institution of higher education has the meaning given the term in section 101(a). The term student who is deaf-blind means a student— who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and for whom the combination of impairments described in clauses

(i)and

(ii)cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; or who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, can be determined through functional and performance assessments to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation. From amounts appropriated under section 951 and not reserved under section 923(c), the Secretary shall annually award grants, on a competitive basis, to institutions of higher education, or consortia of institutions of higher education, to enable the institutions or consortia to create or expand high quality, inclusive model comprehensive transition and postsecondary programs for students who are deaf-blind. The Secretary shall award grants under this section in a manner that ensures that new 5-year grants are awarded each fiscal year. The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. A grant under this section shall be awarded for a period of 5 years. An institution of higher education (or a consortium of such institutions) is eligible for only one 5-year grant under this program. An institution of higher education (or a consortium of such institutions) 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. Such information shall include a demonstration of how the institution or consortium intends to sustain the program after the end of the grant period, including an identification of other sources of funds for the program. In awarding grants under this section, the Secretary shall— provide for an equitable geographic distribution of such grants; provide for an equitable distribution of such grants between 4-year degree-granting and 2-year degree-granting institutions of higher education; provide grant funds for model comprehensive transition and postsecondary programs for students who are deaf-blind that will serve areas that are underserved by programs of this type; and give preference to applications that agree to incorporate, into the model comprehensive transition and postsecondary program for students who are deaf-blind carried out under the grant, 1 or more of the following elements: The formation of a partnership with any relevant agency serving students who are deaf-blind, such as a vocational rehabilitation agency. In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students who are deaf-blind into the housing offered to nondisabled students. The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program. An institution of higher education (or consortium of such institutions) receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students who are deaf-blind that— provides individual supports and services for the academic and social inclusion of students who are deaf-blind in academic courses, extracurricular activities, and other aspects of the institution of higher education’s regular postsecondary program; with respect to the students who are deaf-blind and who are participating in the model program, provides a focus on— academic enrichment; integrated socialization with nondisabled students; independent living skills, including self-advocacy skills; and integrated work experiences and career skills that lead to competitive integrated employment; provides integrated individual-centered planning in the development of the course of study for each student who is deaf-blind participating in the model program; participates with the coordinating center established under section 923 in the evaluation of the model program, including regular submission of data on the experiences and outcomes of individual students participating in the program; partners with 1 or more local educational agencies to support students who are deaf-blind participating in the model program who are still eligible for special education and related services under the Individuals with Disabilities Education Act, including the use of funds available under part B of such Act to support the participation of such students in the model program; plans for the sustainability of the model program after the end of the grant period; creates and offers a meaningful credential for students who are deaf-blind upon the completion of the model program; and provides for the collection and transmission of data in accordance with subsection (e). An institution of higher education (or consortium of such institutions) receiving a grant under this section shall collect and transmit to the coordinating center established under section 923, on an annual basis, student information related to the experiences and outcomes of each student who participates in the comprehensive transition and postsecondary program for students who are deaf-blind. In addition to the requirements of paragraph (1), each institution of higher education (or consortium of such institutions) shall implement a mechanism by which the institution or consortium will collect longitudinal outcomes data from former students who participate in the comprehensive transition and postsecondary program supported under this section, and transmit that data to the coordinating center established under section 923. Such longitudinal data shall be collected for every student for the 5 years after the student graduates from, or otherwise exits, the program. The student information to be collected and transmitted under this subsection shall include— the number and type of postsecondary education courses taken and completed by the student; academic outcomes; competitive, integrated employment outcomes; independent living outcomes; and social outcomes. An institution of higher education (or consortium of such institutions) that receives a grant under this section shall provide matching funds toward the cost of the model comprehensive transition and postsecondary program for students who are deaf-blind 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. 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— reviews the activities of the model comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under this section; and provides guidance and recommendations on how effective model programs can be replicated. Nothing in this section shall be construed to reduce or expand— the obligation of a State or local educational agency to provide a free appropriate public education, as defined in section 602 of the Individuals with Disabilities Education Act; or eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.). In this section, the term eligible entity means an entity, or a partnership of entities, that has demonstrated expertise in— higher education; the education of students who are deaf-blind; the development of comprehensive transition and postsecondary programs for students who are deaf-blind; and evaluation and technical assistance. From amounts appropriated to carry out this section that are reserved under subsection (c), 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 comprehensive transition and postsecondary programs for students who are deaf-blind (referred to in this section as a coordinating center ). The coordinating center shall carry out the activities described in subsection

(f)and shall provide— recommendations related to the development of standards for such programs; technical assistance for such programs; and evaluations for such programs, including systematic collection of data on the experiences and outcomes of individuals who are deaf-blind. For any fiscal year for which appropriations are made for this subpart in an amount greater than $10,000,000, the Secretary shall reserve 4 percent of such funds to carry out this section. For any fiscal year for which appropriations are made for this subpart in an amount that is equal to or less than $10,000,000, the Secretary shall reserve not less than $400,000 to carry out this section. Not less than 40 percent of the amount reserved under this subsection shall be used for the administration of continued collection of data and dissemination of best practices, as described in paragraphs

(2)and

(3)of subsection (f). The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. A cooperative agreement under this subsection shall be for a period of 5 years. The coordinating center established under subsection

(b)shall carry out the following activities: Evaluating student progress by creating and maintaining a database of student-level information related to the experiences and outcomes of youth students who participate in each comprehensive transition and postsecondary program for students who are deaf-blind. The student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section 922(e)(3). Creating and maintaining a mechanism for continuing to collect outcomes information from students participating in comprehensive programs that were developed in previous cycles of the program. Creating and maintaining a mechanism for collaborating with highly integrated comprehensive programs with the purpose of disseminating and publicizing best practices for implementing comprehensive transition and postsecondary programs for students who are deaf-blind. Serving as the technical assistance entity for all comprehensive transition and postsecondary programs for students who are deaf-blind, including by providing technical assistance regarding the development, evaluation, and continuous improvement of such comprehensive programs. Developing an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of— academic enrichment; socialization; independent living, and the attainment of competitive or supported employment by students who participate in the program. Assisting recipients of grants under this subpart in efforts to award a meaningful credential to students who are deaf-blind upon the completion of a comprehensive program, which credential shall take into consideration unique State factors. Developing recommendations for the necessary components of such programs, such as— development of academic, career and technical, social, and independent living skills; program administration and evaluation; student eligibility; and 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. Analyzing possible funding streams for such programs and providing recommendations regarding the funding streams. Developing model memoranda of agreement for use between or among institutions of higher education and State and local agencies providing funding for such programs. Developing mechanisms for regular communication, outreach, and dissemination of information about comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under section 922 between or among such programs and to families and prospective students. Hosting a meeting of all recipients of grants under section 922 not less often than once each year. Convening a workgroup to develop and recommend model criteria, standards, and components of such programs that are appropriate for the development of accreditation standards. The workgroup shall include— an expert in higher education; an expert in special education; a disability organization that represents students who are deaf-blind; a representative from the National Advisory Committee on Institutional Quality and Integrity; and a representative of a regional or national accreditation agency or association. Not later than 2 years after the date of enactment of the Higher Education Affordability Act , the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in subsection (f)(12). The purpose of this section is to authorize the Architectural and Transportation Barriers Compliance Board (referred to in this section as the Access Board ) to establish guidelines for accessible instructional materials that will be used in postsecondary education settings. Not later than 18 months after the date of enactment of Higher Education Affordability Act , the Access Board (established pursuant to section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 )) shall establish guidelines for the accessibility of all instructional materials for students who are attending institutions of higher education that receive funds under title IV, including electronic instructional materials and related information technologies. Such guidelines shall— include performance criteria to ensure that such materials and technologies are accessible to students with disabilities, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); and if applicable, be consistent with the standards for technical and functional performance criteria issued pursuant to section 508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(a)(2)(A)(ii) ). The Access Board shall, to the extent practicable, ensure that the guidelines established under subsection

(b)are consistent with national and international accessibility standards for electronic instructional materials and related information technologies. Not later than 3 years after the effective date of the guidelines described in subsection (b), and every 3 years thereafter, the Access Board shall review and, as appropriate, amend such guidelines to reflect technological advances or changes in instructional materials and related information technologies. An institution of higher education that uses instructional materials that comply with the accessibility guidelines described in subsection

(b)shall be deemed to be in compliance with the non-discrimination provisions in section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) and titles II and III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 42 U.S.C. 12181 et seq.) with respect to the use of such materials. Nothing in this section shall be construed to require an institution of higher education to use instructional materials that conform to the accessibility guidelines described in subsection (b). If an institution of higher education chooses not to provide materials that conform to the accessibility guidelines described in subsection (b), such institution of higher education shall provide an assurance to the Secretary that the institution of higher education will provide instructional materials in a manner that is equally effective, integrated, and timely, and provides for a substantially equivalent ease of use, as compared to the manner in which such materials or technologies are provided to non-disabled students. It is the purpose of this section to support model demonstration programs for the purpose of— encouraging the development of systems to improve the quality of postsecondary instructional materials in specialized formats; encouraging the timely delivery of such materials to postsecondary students with print disabilities; and improving efficiency and reducing duplicative efforts across multiple institutions of higher education relating to the development and delivery of such materials. In this section, the term eligible partnership means a partnership that— shall include— an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities, including the retention of such students in, and such students’ completion of, postsecondary education; and a public or private entity, other than an institution of higher education, with— demonstrated expertise in developing accessible instructional materials in specialized formats for postsecondary students with print disabilities; and the technical development expertise necessary for the efficient dissemination of such materials, including procedures to protect against copyright infringement with respect to the creation, use, and distribution of instructional materials in specialized formats; and may include representatives of the publishing industry. From amounts appropriated to carry out this section, the Secretary shall award grants or contracts, on a competitive basis, to not less than 1 eligible partnership to enable the eligible partnership to carry out the activities described in subsection

(f)and, as applicable, subsection (g). An eligible partnership that desires a grant or contract under this section shall submit an application at such time, in such manner, and in such format as the Secretary may prescribe. The application shall include information on how the eligible partnership will implement activities under subsection

(f)and, as applicable, subsection (g). In awarding grants or contracts under this section, the Secretary shall give priority to any applications that include a plan for the development and implementation of the procedures and approaches described in paragraphs

(2)and

(3)of subsection (g). An eligible partnership that receives a grant or contract under this section shall use the grant or contract funds to carry out the following: Supporting the development and implementation of the following: Processes and systems to help identify, and verify the eligibility of, postsecondary students with print disabilities in need of instructional materials in specialized formats. Procedures and systems to facilitate and simplify the methods through which eligible students described in subparagraph

(A)may request accessible instructional materials in specialized formats, which may include a single point-of-entry system. Procedures and systems to coordinate among institutions of higher education, publishers of instructional materials, and entities that produce materials in specialized formats, to efficiently facilitate— requests for such materials; the responses to such requests; and the delivery of such materials. Delivery systems that will ensure the timely provision of instructional materials in specialized formats to eligible students, which may include electronic file distribution. Systems to reduce duplicative conversions and improve sharing of the same instructional materials in specialized formats for multiple eligible students at multiple institutions of higher education. Procedures to protect against copyright infringement with respect to the development, use, and distribution of instructional materials in specialized formats while maintaining accessibility for eligible students, which may include digital technologies such as watermarking, fingerprinting, and other emerging approaches. Awareness, outreach, and training activities for faculty, staff, and students related to the acquisition and dissemination of instructional materials in specialized formats and instructional materials utilizing universal design. Providing recommendations on how effective procedures and systems described in paragraph

(1)may be disseminated and implemented on a national basis. An eligible partnership that receives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following: Approaches for the provision of instructional materials in specialized formats limited to instructional materials used in smaller categories of postsecondary courses, such as introductory, first-year courses, and second-year courses. Approaches supporting a unified search for instructional materials in specialized formats across multiple databases or lists of available materials. Market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to standard instructional materials. Not later than 3 years after the date that the first grant or contract is awarded under this section, the Secretary shall submit to the authorizing committees a report that includes— the number of grants and contracts and the amount of funds distributed under this section; a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts; a summary of the activities implemented under subsection

(f)and, as applicable, subsection (g), including data on the number of postsecondary students with print disabilities served and the number of instructional material requests executed and delivered in specialized formats; and an evaluation of the effectiveness of programs funded under this section. Producers of instructional materials for the postsecondary education market that are involved in or affecting interstate commerce, produce such materials for institutions of higher education that receive Federal funds, and incorporate synchronized audio and visual formats (including DVDs, CDs, video, web video, and similar formats) shall provide closed captions or subtitles. The Secretary shall establish a commission to be known as the Advisory Commission on Serving and Supporting Students with Psychiatric Disabilities in Institutions of Higher Education (referred to in this section as the Commission ). The Commission shall include not more than 15 members, who shall be appointed by the Secretary in accordance with subparagraphs

(B)and (C). The Commission members shall include 1 representative from each of the following categories: The Office of Postsecondary Education of the Department. The Office of Special Education and Rehabilitative Services of the Department. The Office for Civil Rights of the Department. The National Council on Disability. The Association on Higher Education and Disability, or a similar organization, as determined by the Secretary. The Protection and Advocacy for Individuals with Mental Illness program of the National Disability Rights Network, or a similar program, as determined by the Secretary. A national organization representing postsecondary education students with psychiatric disabilities. The Commission members shall include 4 representatives from each of the following categories: Staff from institutions of higher education with demonstrated experience in successfully supporting the retention and graduation of students with psychiatric disabilities. With respect to the 4 members appointed under this clause— 1 member shall be a staff member of a 2-year degree-granting institution and 1 member shall be a staff member from a 4-year degree-granting institution; and the 4 members selected shall represent institutions of differing sizes. Individuals with psychiatric disabilities, including not less than 2 currently enrolled postsecondary education students. The Secretary shall establish the Commission and appoint the members of the Commission not later than 120 days after the date of enactment of the Higher Education Affordability Act . The Commission shall select a chairperson and vice chairperson from among the members of the Commission. The Commission shall meet at the call of the Chairperson. Not later than 60 days after the appointment of the members of the Commission under paragraph (2), the Commission shall hold the Commission’s first meeting. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall conduct a comprehensive study to— assess the barriers and systemic issues that may affect, and support- and service-delivery solutions that may improve, the rates of retention and graduation for postsecondary students with psychiatric disabilities; and make recommendations related to the development of a comprehensive approach to improve the opportunities for postsecondary students with psychiatric disabilities to receive services and supports that optimize their rates of retention and graduation. To the extent practicable, in carrying out the study under this paragraph, the Commission shall identify and use existing research, recommendations, and information, as of the time of the study. Based on the findings of the study under subparagraph (A), the Commission shall develop recommendations— to inform Federal regulations and legislation regarding the recruitment, retention, and support of students with psychiatric disabilities at institutions of higher education; and to identify best practices for serving and supporting students with psychiatric disabilities in postsecondary settings, and maintaining the privacy protections provided under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) and section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). Not later than 1 year after the first meeting of the Commission, the Commission shall submit a report to the Secretary and the authorizing committees describing the findings and recommendations of the study conducted under paragraph (1). In carrying out the study under paragraph (1), the Commission shall disseminate a final report through— the National Technical Assistance Centers established under sections 901 and 902; and other means, as determined by the Commission. The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees. There are authorized to carry out this title such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. .

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