Student Mental Health Rights Act
This bill addresses mental health and substance use at institutions of higher education (IHEs).
Specifically, the bill requires the Department of Education (ED) to solicit information from students and conduct a study on mental health disabilities and substance use disorders at IHEs.
In addition, ED must issue guidance on IHEs' (1) compliance with federal law on mental health, (2) legal obligations to students with mental health disabilities and students with substance use disorders, and (3) policies that may have a discriminatory impact on such students.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3726 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3726
To direct the Secretary of Education to study student mental health at
institutions of higher education and to issue guidance on compliance
with the Americans with Disabilities Act of 1990 for mental health and
substance use disorder policies of institutions of higher education,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2023
Ms. Porter (for herself, Ms. Bonamici, Mr. Courtney, and Mr. Soto)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to study student mental health at
institutions of higher education and to issue guidance on compliance
with the Americans with Disabilities Act of 1990 for mental health and
substance use disorder policies of institutions of higher education,
and for other purposes.
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 ``Student Mental Health Rights Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly all institutions of higher education are subject
to--
(A) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(B) section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794); or
(C) the Fair Housing Act (42 U.S.C. 3601 et seq.).
(2) 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)).
(3) 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''.
(4) 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.
(5) 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.
(6) 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--
(A) requiring such students to leave the
institution of higher education;
(B) evicting such students from on-campus housing;
and
(C) establishing excessive and unnecessary
impediments to the re-enrollment of such students to
the institution of higher education.
SEC. 3. STUDY AND REPORT.
(a) Voluntary Reporting.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall solicit from students at
institutions of higher education, on a voluntary basis and in a manner
that protects the confidentiality of such students, information with
respect to mental health disabilities and substance use disorders at
such institutions of higher education.
(b) Study and Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall--
(1) complete a study on mental health disabilities and
substance use disorders at institutions of higher education,
including--
(A) using the information voluntarily reported by
students under subsection (a), the prevalence of such
disabilities and disorders, disaggregated by type of
disability or disorder (including disabilities and
disorders related to hearing, vision, cognition,
ambulatory, self-care, independent living, mental
health, and any other category determined appropriate
by the Secretary), among students at institutions of
higher education and policies to support students with
respect to such disabilities and disorders;
(B) the policies of institutions of higher
education with respect to students who, due to such a
condition, are considering a voluntary leave of absence
or are required to take a mandatory or involuntary
leave of absence, or return from such an absence, and
compliance by institutions of higher education with
such policies; and
(C) best practices for supporting students at
institutions of higher education in managing such
disabilities and disorders, including the effect such
practices have on graduation rates and degree
completion; and
(2) submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report on the
findings of the study completed under paragraph (1).
SEC. 4. GUIDANCE.
Not later than 180 days after the date on which the report is
submitted under section 3(b), the Secretary shall, in consultation with
the Assistant Attorney General of the Civil Rights Division of the
Department of Justice, issue guidance on--
(1) the compliance of institutions of higher education with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) with respect to students with mental health
disabilities;
(2) the legal obligations of institutions of higher
education with respect to accommodating students with mental
health disabilities and students with substance use disorders;
and
(3) policies of institutions of higher education which may
have a discriminatory impact on students with mental health
disabilities and students with substance use disorders.
SEC. 5. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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