Sec. 802. Findings
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Congress finds the following: Nearly all institutions of higher education are subject to— the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); or the Fair Housing Act ( 42 U.S.C. 3601 et seq. ). The laws described in paragraph
(1)prohibit discrimination on the basis of disability, defined as with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment under section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) ). Under section 2(a)(3) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101(a)(3) ), Congress found that discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services . The laws described in paragraph
(1)prohibit institutions of higher education from discriminating against students with disabilities, including by failing to provide reasonable accommodations or reasonable modifications to such students so that such students are able to fully participate in postsecondary life. The laws described in paragraph
(1)prohibit institutions of higher education from discriminating against students with mental health disabilities, including by failing to provide reasonable accommodations or reasonable modifications to such a student. The vast majority of institutions of higher education lack a comprehensive plan for addressing and preventing discrimination against students with mental health disabilities or who are experiencing crises, in many cases— requiring such students to leave the institution of higher education; evicting such students from on-campus housing; and establishing excessive and unnecessary impediments to the re-enrollment of such students to the institution of higher education.
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