Expanding Disability Access to Higher Education Act
This bill establishes and revises programs to increase access to higher education for students with disabilities and increase their graduation rates.
Specifically, the bill requires the Department of Education (ED) to
The bill also directs the Government Accountability Office to review and report on how ED and TRIO program agencies identify and support students with disabilities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5281 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5281
To amend the Higher Education Act of 1965 to promote the matriculation,
and increase in the graduation rates, of individuals with disabilities
within higher education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2022
Mr. Casey (for himself, Mr. Van Hollen, Mr. Padilla, Mr. Booker, and
Mr. Menendez) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to promote the matriculation,
and increase in the graduation rates, of individuals with disabilities
within higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Disability Access to
Higher Education Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Students who are low income attend institutions of
higher education at a rate significantly lower than middle- and
high-income students.
(2) Similarly, students who are first-generation college
students or are from minority backgrounds attend institutions
of higher education at lower rates than the general public.
(3) Many students who are low income, first generation, or
minorities also have a disability.
(4) In the last decade, both high school and postsecondary
graduation rates for students with disabilities were
significantly lower than for students without disabilities.
(5) In 2015, approximately 65 percent of the total
population of adults 25 to 34 years old had completed some
postsecondary education compared with approximately 44 percent
of adults with disabilities in the same age range.
(6) For students with disabilities who do attend an
institution of higher education, only half will receive a
diploma compared to 72 percent of students without
disabilities.
(7) Many researchers cite lack of support, such as in-class
accommodations, accessible housing, and accessible technology,
as a significant challenge as students with disabilities
transition from high school to postsecondary education.
(8) As with their peers without disabilities who are first-
generation students or come from low-income backgrounds,
students who are first-generation or low-income students with
disabilities who receive mentoring and support services can
successfully prepare for, enroll in, and graduate from
postsecondary education programs and gain greater economic
control of their lives.
(b) Sense of Congress.--It is the sense of Congress that
individuals with disabilities, particularly those who are low income or
first generation, should be able to attend institutions of higher
education at the same rate as their peers in the general population.
(c) Purposes.--The purposes of this Act are the following:
(1) To provide first-generation or low-income students with
disabilities with information, support, and resources to
matriculate and complete a course of study at an institution of
higher education.
(2) To encourage and support first-generation or low-income
students with disabilities to achieve postsecondary credentials
that benefit them and their communities both socially and
economically.
(3) To increase the number of faculty with disabilities in
institutions of higher education.
(4) To provide programs authorized under chapter 1 of
subpart 2 of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a-11 et seq.) with the resources necessary
to support first-generation or low-income students with
disabilities to prepare for, enroll in, and graduate from
institutions of higher education.
SEC. 3. PREPARING AND SUPPORTING STUDENTS WITH DISABILITIES FOR
POSTSECONDARY EDUCATION.
Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11) is amended--
(1) 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 (42 U.S.C. 12102)),'';
(2) in subsection (g), by inserting ``(except subsection
(i))'' after ``For the purpose of making grants and contracts
under this chapter''; and
(3) by adding at the end the following:
``(i) Preparing and Supporting Students With Disabilities for
Postsecondary Education.--
``(1) Funds for federal trio programs.--
``(A) In general.--
``(i) Authorization.--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').
``(ii) Eligible students.--An eligible
student is described in this clause if the
student--
``(I) is eligible to receive
assistance under a program authorized
under this chapter (except section
402E); and
``(II) 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--
``(aa) a cognitive or
learning disability;
``(bb) a sensory
disability;
``(cc) a physical or
medical disability;
``(dd) a mental health
disability; or
``(ee) another disability.
``(B) Application.--
``(i) In general.--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').
``(ii) Application mid-cycle.--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.
``(iii) Content of application.--An
application for funds under this paragraph
shall include the following:
``(I) 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.
``(II) The number of eligible
students proposed to be served with
funds received under this paragraph.
``(III) The cost of serving such
students proposed to be served,
including a description of
expenditures.
``(IV) An explanation of how funds
received under this paragraph will be
used for such students.
``(V) An explanation of how such
students proposed to be served will be
identified and enrolled.
``(VI) An explanation of how the
program will work with disability
student support services and other
services that support students with
disabilities.
``(C) Awarding of funds.--
``(i) Priority.--In awarding funds under
this paragraph, the Secretary shall give
priority to applicants that--
``(I) have established programs
funded under this chapter; and
``(II) describe how eligible
students proposed to be served will be
included in the established associated
program.
``(ii) Amount.--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.
``(iii) Distribution.--The Secretary shall
award funds under this paragraph--
``(I) 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
``(II) across--
``(aa) geographic regions;
and
``(bb) sizes of programs.
``(iv) Requirements.--In awarding funds
under this paragraph, the Secretary shall--
``(I) require an assurance that--
``(aa) 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;
``(bb) in the case in which
the associated program is under
section 402C--
``(AA) 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
``(BB) the
remaining eligible
students who are served
with the funds under
this paragraph be low-
income individuals or
first-generation
college students;
``(cc) in the case in which
the associated program is under
section 402D--
``(AA) 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
``(BB) the
remaining eligible
students who are served
with the funds under
this paragraph be low-
income individuals or
first-generation
college students; and
``(dd) in the case in which
the associated program is under
section 402F--
``(AA) 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
``(BB) 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;
``(II) require an assurance that
such eligible students who are served
do not have access to services from
another program funded under this
chapter;
``(III) require an assurance that
the program funded under this paragraph
and the associated program will--
``(aa) be accessible to the
eligible students proposed to
be served by the program;
``(bb) serve all students,
including eligible students;
``(cc) incorporate
universal design for learning;
and
``(dd) ensure that
accommodations are provided as
needed for eligible students
and address how the program
plans to enroll such students;
``(IV) require the program funded
under this paragraph--
``(aa) to comply with all
program requirements of the
associated program; and
``(bb) to include
educational assistance as
determined necessary for
eligible students to transition
to postsecondary education,
such as--
``(AA) academic and
social supports;
``(BB) student
advising and family
engagement;
``(CC) college
search and application
processes;
``(DD) financial
planning; and
``(EE) targeted
learning programs;
``(V) 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
``(VI) require an assurance that--
``(aa) the funds under this
paragraph and funds provided
under the associated program
will be used to incorporate
eligible students into the
associated program; and
``(bb) 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.
``(D) Number of eligible students to be served.--
``(i) In general.--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.
``(ii) Number of students to be served.--
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.
``(2) Postbaccalaureate achievement program.--
``(A) In general.--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).
``(B) Eligible students.--An eligible student is
described in this subparagraph if the student--
``(i) is eligible to receive assistance
under a project assisted under section 402E;
``(ii) 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--
``(I) a cognitive or learning
disability;
``(II) a sensory disability;
``(III) a physical or medical
disability;
``(IV) a mental health disability;
or
``(V) another disability; and
``(iii) is registered as full time in six
or more credits.
``(C) Application.--
``(i) In general.--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').
``(ii) Application mid-cycle.--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.
``(iii) Content of application.--An
application for funds under this paragraph
shall--
``(I) describe identification,
recruitment, and implementation
strategies as well as programmatic
elements specifically for eligible
students; and
``(II) indicate whether this is a
new project or will fund a project
existing on the date of the
application.
``(D) Awarding of funds.--
``(i) In general.--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.
``(ii) Requirements.--In awarding funds
under this paragraph, the Secretary shall
require an assurance that--
``(I) 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
``(II) the remaining eligible
students who are served with the funds
under this paragraph be from a group
that is underrepresented in graduate
education, including--
``(aa) Alaska Natives, as
defined in section 6306 of the
Elementary and Secondary
Education Act of 1965;
``(bb) Native Hawaiians, as
defined in section 6207 of such
Act; and
``(cc) Native American
Pacific Islanders, as defined
in section 320.
``(E) Number of eligible students to be served.--
``(i) In general.--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.
``(ii) Number of students to be served.--
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.
``(3) Supplement, not supplant.--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.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$50,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 4. STAFF DEVELOPMENT ACTIVITIES.
Subpart 1 of part D of title VII of the Higher Education Act of
1965 (20 U.S.C. 1140a et seq.) is amended--
(1) in section 761, by striking ``model demonstration'';
and
(2) in section 762--
(A) in subsection (b)(2)--
(i) in subparagraph (A), by inserting ``and
application'' after ``The development''; and
(ii) in subparagraph (B), by inserting
``and application'' after ``The development'';
and
(B) by striking subsection (d) and inserting the
following:
``(d) Reports.--
``(1) Initial report.--Not later than 1 year after the date
of enactment of the Expanding Disability Access to Higher
Education Act, 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 part for any
of fiscal years 2024 through 2029, including a review of the
activities and program performance of such projects based on
existing information as of the date of the report.
``(2) Subsequent report.--Not later than 3 years after the
date of the first award of a grant under this subpart after the
date of enactment of the Expanding Disability Access to Higher
Education Act, the Secretary shall prepare and submit to the
authorizing committees, and make available to the public, a
report that--
``(A) reviews the activities and program
performance of the projects authorized under this
subpart; and
``(B) provides guidance and recommendations on how
effective projects can be replicated.''.
SEC. 5. OFFICES OF TRAINING, TECHNICAL ASSISTANCE, AND ACCOMMODATIONS
GRANT PROGRAM.
(a) Authorization of Grant Program.--The Secretary of Education
shall award grants, on a competitive basis, to institutions of higher
education to enable the institutions to establish an Office of
Accessibility at the institution.
(b) Duration and Amount.--A grant under this section shall be 5
years in duration and in an amount equal to not less than $30,000 and
not more than $80,000 for each year.
(c) Application.--An institution of higher education that desires
to receive 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, including an explanation of
how the institution will sustain the Office of Accessibility after the
grant period ends.
(d) Awarding of Grants.--
(1) Preference.--In awarding grants under this section, the
Secretary shall give preference to--
(A) 2-year institutions of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))); and
(B) institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) that intend to hire individuals with
disabilities as staff at the Office of Accessibility.
(2) Diversity.--In awarding grants under this section, the
Secretary shall ensure geographic, institutional, and urban or
rural award distribution diversity.
(e) Use of Funds.--An institution of higher education that receives
a grant under this section shall establish an Office of Accessibility
at the institution, which Office--
(1) shall--
(A) serve as a site for confidential requests for
accommodations for faculty members with disabilities;
(B) include an accommodations officer who has
demonstrated expertise in addressing the needs of
individuals with disabilities and who is trained to
serve, and provide outreach to, faculty members with
disabilities, staff with disabilities, and students
with disabilities; and
(C) provide training and technical assistance for
faculty and staff on rights and accommodations for
individuals with disabilities, including protecting the
civil rights of individuals with disabilities on campus
and in classrooms; and
(2) may--
(A) develop professional development activities for
faculty and staff about rights and accommodations for
individuals with disabilities;
(B) create a website, that is accessible to
individuals with disabilities, to serve as a
clearinghouse of information for individuals with
disabilities; and
(C) carry out other activities that the institution
determines appropriate.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2023
and each of the 4 succeeding fiscal years.
SEC. 6. DATA COLLECTION AND REPORTING.
(a) Data Collection and Reporting.--
(1) Outcome criteria.--Section 402A(f) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11(f)) is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) Disaggregation of relevant data.--
``(A) In general.--Except as provided in
subparagraph (B), the outcome criteria under this
subsection shall be disaggregated by low-income
students, first-generation college students,
individuals with disabilities (including for each of
the categories described in items (aa) through (dd) of
subsection (i)(1)(A)(ii)(II)), gender, race and
ethnicity, language status, and delayed enrollment in
postsecondary education after high school, in the
schools and institutions of higher education served by
the program to be evaluated.
``(B) Exception.--Disaggregation under subparagraph
(A) shall not be required in a case in which the number
of students in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student.'';
(B) in paragraph (3)--
(i) in subparagraph (C)(iii), by inserting
``(and, if the entity received funds under
subsection (i), to a total number of eligible
students as described in such subsection)''
after ``students,'';
(ii) in subparagraph (D)(i), by inserting
``(and, if the entity received funds under
subsection (i), to a total number of eligible
students as described in such subsection)''
after ``program,''; and
(iii) by adding at the end the following:
``(F) For--
``(i) programs authorized under this
chapter for which funds are awarded under
subsection (i), the number of eligible students
(as defined in subsection (i)(2)(A)(ii)) served
with such funds; and
``(ii) each of subparagraphs (A) through
(E), the extent to which the programs described
in each of such subparagraphs served
individuals with disabilities (as defined in
section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)).''.
(2) Reports.--Section 402H of the Higher Education Act of
1965 (20 U.S.C. 1070a-18) is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``to the Authorizing Committees'';
(ii) in paragraph (1)(E), by inserting
``(including for each of the categories of such
students described in items (aa) through (dd)
of section 402A(i)(1)(A)(ii)(II))'' after
``disabilities''; and
(iii) by adding at the end the following:
``(3) Annual report.--
``(A) In general.--Each entity that receives a
grant or contract under this chapter shall submit an
annual report to the Secretary on activities assisted
and students served under the program funded under this
chapter, including information on--
``(i) student persistence in the program;
``(ii) student enrollment in challenging
courses;
``(iii) graduation rates;
``(iv) postsecondary enrollment rates;
``(v) the types of services and supports
provided to enrolled students; and
``(vi) any other information requested by
the Secretary.
``(B) Disaggregation.--
``(i) In general.--Except as provided in
clause (ii), the information provided under
subparagraph (A) shall be disaggregated by low-
income student status, first-generation college
student status, disability status (including
for each of the categories described in items
(aa) through (dd) of section
402A(i)(1)(A)(ii)(II)), gender, race and
ethnicity, language status, and delayed
enrollment in postsecondary education after
high school.
``(ii) Exception.--Disaggregation under
clause (i) shall not be required in a case in
which the number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student.''; and
(B) in subsection (b)(2)(A)(i), by striking ``and
first-generation college students'' and inserting ``,
first-generation college students, and students with
disabilities''.
(3) GEAR up.--Section 404G of the Higher Education Act of
1965 (20 U.S.C. 1070a-27) is amended by adding at the end the
following:
``(e) Data Collection and Reporting.--
``(1) In general.--Each eligible entity receiving a grant
under this chapter shall submit an annual report to the
Secretary on activities assisted and students served under the
program funded under this chapter, including information on--
``(A) student persistence in the program;
``(B) student enrollment in challenging courses;
``(C) graduation rates;
``(D) postsecondary enrollment rates;
``(E) the types of services and supports provided
to enrolled students; and
``(F) any other information requested by the
Secretary.
``(2) Disaggregation and availability.--
``(A) In general.--Information contained in the
annual report described in paragraph (1) shall be--
``(i) except as provided in subparagraph
(B), disaggregated by low-income student
status, first-generation college student
status, disability status (including for each
of the categories described in items (aa)
through (dd) of section 402A(i)(1)(A)(ii)(II)),
gender, race and ethnicity, language status,
and delayed enrollment in postsecondary
education after high school;
``(ii) cross-tabulated; and
``(iii) made publicly available without
personally identifiable information.
``(B) Exception.--Disaggregation under subparagraph
(A)(i) shall not be required in a case in which the
number of students in a category is insufficient to
yield statistically reliable information or the results
would reveal personally identifiable information about
an individual student.
``(3) Public availability.--The Secretary shall make such
report publicly available online.''.
(b) GAO Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall begin a review that examines--
(A) what is known about the population of students
with disabilities, including by subcategories of
disability, who attend institutions of higher
education;
(B) how students with disabilities are identified
and supported by the Department of Education and
grantee agencies through all Federal TRIO programs
under chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et
seq.), including--
(i) any information related to whether and
how students disclose if they have a
disability;
(ii) what, if any, transition services are
provided to students with disabilities between
high school and postsecondary education; and
(iii) how such Federal TRIO programs work
with other campus and non-campus based services
that support students with disabilities; and
(C) what information is reported by the Department
of Education about services for students with
disabilities through such Federal TRIO programs.
(2) Report.--The Comptroller General of the United States
shall submit to the appropriate congressional committees a
report on the review conducted under paragraph (1).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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