Sec. 106. Definitions
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Section 760 of the Higher Education Act of 1965 ( 20 U.S.C. 1140 ) is amended to read as follows: In this part: 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: 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, and independent living instruction at an institution of higher education in order to prepare for competitive integrated employment.
Includes student advising and a program of study. 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: Regular enrollment in credit-bearing courses with students without disabilities that are offered by the institution. 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.
Enrollment in noncredit-bearing, nondegree courses with students without disabilities. Participation in internships, apprenticeships, or work-based experiences in competitive integrated settings for a semester, or multiple semesters. Requires students with intellectual disabilities to be socially and academically integrated with students without disabilities to the maximum extent practicable. Does not require the work components
(ii)to occur each semester. 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 ). The term institution of higher education has the meaning given such term in section 101. The term Office of Accessibility has the meaning given to the office of disability services of the institution or equivalent office. The term recognized postsecondary credential has the meaning given the term in section 101 of the Workforce Innovation and Opportunity Act. 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; 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 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— a documented comprehensive and individualized psycho-educational evaluation and diagnosis of an intellectual disability by a psychologist or other qualified professional; or 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. The term universal design for learning means a scientifically valid framework for guiding educational practice that— 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 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. .
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