Sec. 3. Preparing and supporting students with disabilities for postsecondary education
1,701 words·~8 min read·
/bill/116/s/1176/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 ) is amended— in subsection (c)(4)(A), by striking , and Native American Pacific Islanders (including Native Hawaiians), and inserting , Native American Pacific Islanders (including Native Hawaiians), and individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( ; and 42 U.S.C. 12102 )), by adding at the end the following: The Secretary shall award funds under this paragraph, on a competitive basis, to an eligible entity that applies for a grant or contract for a program under this chapter (except section 402E) and also applies for such funds under this paragraph in order to serve eligible students, as described in clause (ii).
The period for such award of funds under this paragraph shall be the same period for the associated grant or contract for a program under this chapter (except section 402E) (referred to in this paragraph as the associated program ). An eligible student is described in this clause if the student— is eligible to receive assistance under a program authorized under this chapter (except section 402E); and has an individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, is covered under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or has other documentation establishing the student's disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), such as— a sensory disability; a physical disability; a mental disability; or a self-care disability.
Except as provided in clause (ii), an applicant for a grant or contract for a program under this chapter (except section 402E) that desires to receive funds under this paragraph shall submit an application for such funds to the Secretary at the same time such applicant submits an application for the grant or contract for a program under this chapter (except section 402E) (referred to in this paragraph as the associated application ). An applicant that desires to receive funds under this paragraph that, at the time such applicant desires to apply for such funds, has a grant or contract for a program under this chapter (except section 402E) that is in existence may submit an application for such funds to the Secretary independent of an associated application.
An application for funds under this paragraph shall include the following: A description of any programs being carried out under this chapter by the applicant on the date of the application, including the number of existing students served. The number of eligible students proposed to be served with funds received under this paragraph. The cost of serving such students proposed to be served, including a description of expenditures. An explanation of how funds received under this paragraph will be used for such students.
An explanation of how such students proposed to be served will be identified and enrolled. In awarding funds under this paragraph, the Secretary shall give priority to applicants that— have established programs funded under this chapter; and describe how eligible students proposed to be served will be included in the established associated program. The Secretary shall award funds under this paragraph to an applicant in an amount that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes.
The Secretary shall award funds under this paragraph— to not less than 10 percent of all the eligible entities that, on the date of enactment of the Expanding Disability Access to Higher Education Act , have a grant or contract awarded under this chapter (except section 402E); and across— geographic regions; and sizes of programs. In awarding funds under this paragraph, the Secretary shall— require an assurance that— in the case in which the associated program is under section 402B, not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; in the case in which the associated program is under section 402C— not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and the remaining eligible students who are served with the funds under this paragraph be low-income individuals or first-generation college students; in the case in which the associated program is under section 402D— not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and the remaining eligible students who are served with the funds under this paragraph be low-income individuals or first-generation college students; and in the case in which the associated program is under section 402F— not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and the eligible students who are served with the funds under this paragraph are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this paragraph; require an assurance that such eligible students who are served do not have access to services from another program funded under this chapter; require an assurance that the program funded under this paragraph and the associated program will— be accessible to the eligible students proposed to be served by the program; serve all students, including eligible students; incorporate universal design for learning; and ensure that accommodations are provided as needed for eligible students and address how the program plans to enroll such students; require the program funded under this paragraph— to comply with all program requirements of the associated program; and to include educational assistance as determined necessary for eligible students to transition to postsecondary education, such as— academic and social supports; student advising and family engagement; college search and application processes; financial planning; and targeted learning programs; require an assurance that the applicant will serve a number of eligible students with the funds under this paragraph that is not less than the number determined under subparagraph (D); and require an assurance that— the funds under this paragraph and funds provided under the associated program will be used to incorporate eligible students into the associated program; and such eligible students have access to all the program services of the associated program, as well as any additional services they require to be full participants in the associated program.
An applicant that receives funds under this paragraph shall use such funds to serve eligible students who are in addition to the students served through the associated program. The number of eligible students to be served with funds under this paragraph shall be the number that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes. The Secretary shall award funds under this paragraph, on a competitive basis, to an eligible entity that applies for assistance for a project under section 402E and also applies for such funds under this paragraph in order to serve eligible students, as described in subparagraph (B).
An eligible student is described in this subparagraph if the student— is eligible to receive assistance under a project assisted under section 402E; has an individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, is covered under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or has other documentation establishing the student's disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), such as— a sensory disability; a physical disability; a mental disability; or a self-care disability; and is registered as full time in six or more credits.
Except as provided in clause (ii), an applicant for assistance for a project under section 402E that desires to receive funds under this paragraph shall submit an application for such funds to the Secretary at the same time such applicant submits an application under section 402E (referred to in this paragraph as the associated application ). An applicant that desires to receive funds under this paragraph that, at the time such applicant desires to apply for such funds, is receiving assistance for a project under section 402E may submit an application for such funds to the Secretary independent of an associated application.
An application for funds under this paragraph shall— describe identification, recruitment, and implementation strategies as well as programmatic elements specifically for eligible students; and indicate whether this is a new project or will fund a project existing on the date of the application. The Secretary shall award funds under this paragraph to an applicant in an amount that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes.
In awarding funds under this paragraph, the Secretary shall require an assurance that— not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and the remaining eligible students who are served with the funds under this paragraph be from a group that is underrepresented in graduate education, including— Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965;
Native Hawaiians, as defined in section 6207 of such Act; and Native American Pacific Islanders, as defined in section 320. An applicant that receives funds under this paragraph shall use such funds to serve eligible students who are in addition to the students served through the associated program. The number of eligible students to be served with funds under this paragraph shall be the number that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes.
Funds awarded under this subsection shall be used to supplement, and not supplant, other funds available to carry out the activities described in this subsection. There are authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2020 through 2024. .
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 20 USC 1070a–11
Citation graph
cites case law
Sec. 3
Preparing and supporting students with disabilities for postsecondary education
Cite20 USC 1070a–11
Cites 3Cited by 0 across 0 sources