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Code · BILL · 116th Congress · H.R. 4643 (Introduced in House) — To amend the Higher Education Act of 1965 to improve accessibility to, and completion of, postsecondary education for... · Sec. 102

Sec. 102. Office of Accessibility

994 words·~5 min read·/bill/116/hr/4643/ih/section-102

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Subpart 1 of part D of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1140a et seq.) is amended— by redesignating section 765 as section 765C; by inserting after section 764 the following: 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. Each office of accessibility shall— 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; 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— the student may engage in through courses; or are necessary for completion of a degree, certificate, or recognized postsecondary credential; 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 in order to provide appropriate accommodations to students with disabilities, carry out the following:
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: 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. 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 ). 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.). A record or evaluation from a relevant licensed professional finding that the individual has a disability. A plan or record of disability from another institution of higher education. Documentation of a disability due to service in the uniformed services, as defined in section 484C(a). Adopt policies that are transparent and explicit regarding the process by which the institution determines eligibility for accommodations. Disseminate the information described in subparagraph
(B)to students, parents, and faculty— in an accessible format; during student orientation; and by making such information readily available on a public website of the institution. Provide accommodations to students with mental health disabilities. 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). A grant under this section shall be awarded for a period of 5 years. In awarding grants under this section, the Secretary shall consider the following: Providing an equitable geographic distribution of such awards. Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education. 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— a description of how the institution will carry out the activities under subsection (c); 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); a plan for the sustainability of the program after the end of the grant period; and a written business plan for revenue and expenditures to be provided to the Department under subsection (d). A grant awarded under this section shall be used to— 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 develop or improve distance education courses consistent with the principles of universal design for learning to improve accessibility of instruction and materials. 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). 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. 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— reviews the activities and program performance of the projects authorized under this section; and provides guidance and recommendations on how effective projects can be replicated. ; and by amending section 765C, as so redesignated, by striking 2009 and inserting 2018 .
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