II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expanding Disability 

5 Access to Higher Education Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 5281 IS

1 (1) Students who are low income attend institu2 tions of higher education at a rate significantly 

3 lower than middle- and high-income students. 

4 (2) Similarly, students who are first-generation 

5 college students or are from minority backgrounds 

6 attend institutions of higher education at lower rates 

7 than the general public. 

8 (3) Many students who are low income, first 

9 generation, or minorities also have a disability. 

10 (4) In the last decade, both high school and 

11 postsecondary graduation rates for students with 

12 disabilities were significantly lower than for students 

13 without disabilities. 

14 (5) In 2015, approximately 65 percent of the 

15 total population of adults 25 to 34 years old had 

16 completed some postsecondary education compared 

17 with approximately 44 percent of adults with disabil18 ities in the same age range. 

19 (6) For students with disabilities who do attend 

20 an institution of higher education, only half will re21 ceive a diploma compared to 72 percent of students 

22 without disabilities. 

23 (7) Many researchers cite lack of support, such 

24 as in-class accommodations, accessible housing, and 

25 accessible technology, as a significant challenge as 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 5281 IS

1 students with disabilities transition from high school 

2 to postsecondary education. 

3 (8) As with their peers without disabilities who 

4 are first-generation students or come from low-in5 come backgrounds, students who are first-generation 

6 or low-income students with disabilities who receive 

7 mentoring and support services can successfully pre8 pare for, enroll in, and graduate from postsecondary 

9 education programs and gain greater economic con10 trol of their lives. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that individuals with disabilities, particularly those 

13 who are low income or first generation, should be able to 

14 attend institutions of higher education at the same rate 

15 as their peers in the general population. 

16 (c) PURPOSES.—The purposes of this Act are the fol17 lowing: 

18 (1) To provide first-generation or low-income 

19 students with disabilities with information, support, 

20 and resources to matriculate and complete a course 

21 of study at an institution of higher education. 

22 (2) To encourage and support first-generation 

23 or low-income students with disabilities to achieve 

24 postsecondary credentials that benefit them and 

25 their communities both socially and economically. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 5281 IS

1 (3) To increase the number of faculty with dis2 abilities in institutions of higher education. 

3 (4) To provide programs authorized under 

4 chapter 1 of subpart 2 of part A of title IV of the 

5 Higher Education Act of 1965 (20 U.S.C. 1070a–11 

6 et seq.) with the resources necessary to support 

7 first-generation or low-income students with disabil8 ities to prepare for, enroll in, and graduate from in9 stitutions of higher education. 

10 SEC. 3. PREPARING AND SUPPORTING STUDENTS WITH 

11 DISABILITIES FOR POSTSECONDARY EDU12 CATION. 

13 Section 402A of the Higher Education Act of 1965 

14 (20 U.S.C. 1070a–11) is amended— 

15 (1) in subsection (c)(4)(A), by striking ‘‘, and 

16 Native American Pacific Islanders (including Native 

17 Hawaiians),’’ and inserting ‘‘, Native American Pa18 cific Islanders (including Native Hawaiians), and in19 dividuals with a disability (as defined in section 3 of 

20 the Americans with Disabilities Act of 1990 (42 

21 U.S.C. 12102)),’’; 

22 (2) in subsection (g), by inserting ‘‘(except sub23 section (i))’’ after ‘‘For the purpose of making 

24 grants and contracts under this chapter’’; and 

25 (3) by adding at the end the following: 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 5281 IS

1 ‘‘(i) PREPARING AND SUPPORTING STUDENTS WITH

2 DISABILITIES FOR POSTSECONDARY EDUCATION.— 

3 ‘‘(1) FUNDS FOR FEDERAL TRIO PROGRAMS.— 

4 ‘‘(A) IN GENERAL.— 

5 ‘‘(i) AUTHORIZATION.—The Secretary 

6 shall award funds under this paragraph, 

7 on a competitive basis, to an eligible entity 

8 that applies for a grant or contract for a 

9 program under this chapter (except section 

10 402E) and also applies for such funds 

11 under this paragraph in order to serve eli12 gible students, as described in clause (ii). 

13 The period for such award of funds under 

14 this paragraph shall be the same period for 

15 the associated grant or contract for a pro16 gram under this chapter (except section 

17 402E) (referred to in this paragraph as 

18 the ‘associated program’). 

19 ‘‘(ii) ELIGIBLE STUDENTS.—An eligi20 ble student is described in this clause if the 

21 student— 

22 ‘‘(I) is eligible to receive assist23 ance under a program authorized 

24 under this chapter (except section 

25 402E); and 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 5281 IS

1 ‘‘(II) has an individualized edu2 cation program, as defined in section 

3 602 of the Individuals with Disabil4 ities Education Act, is covered under 

5 section 504 of the Rehabilitation Act 

6 of 1973 (29 U.S.C. 794), or has other 

7 documentation establishing the stu8 dent’s disability (as such term is de9 fined in section 3 of the Americans 

10 with Disabilities Act of 1990 (42 

11 U.S.C. 12102)), such as— 

12 ‘‘(aa) a cognitive or learning 

13 disability; 

14 ‘‘(bb) a sensory disability; 

15 ‘‘(cc) a physical or medical 

16 disability; 

17 ‘‘(dd) a mental health dis18 ability; or 

19 ‘‘(ee) another disability. 

20 ‘‘(B) APPLICATION.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), an applicant for a 

23 grant or contract for a program under this 

24 chapter (except section 402E) that desires 

25 to receive funds under this paragraph shall 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 5281 IS

1 submit an application for such funds to the 

2 Secretary at the same time such applicant 

3 submits an application for the grant or 

4 contract for a program under this chapter 

5 (except section 402E) (referred to in this 

6 paragraph as the ‘associated application’). 

7 ‘‘(ii) APPLICATION MID-CYCLE.—An 

8 applicant that desires to receive funds 

9 under this paragraph that, at the time 

10 such applicant desires to apply for such 

11 funds, has a grant or contract for a pro12 gram under this chapter (except section 

13 402E) that is in existence may submit an 

14 application for such funds to the Secretary 

15 independent of an associated application. 

16 ‘‘(iii) CONTENT OF APPLICATION.—An 

17 application for funds under this paragraph 

18 shall include the following: 

19 ‘‘(I) A description of any pro20 grams being carried out under this 

21 chapter by the applicant on the date 

22 of the application, including the num23 ber of existing students served. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 5281 IS

1 ‘‘(II) The number of eligible stu2 dents proposed to be served with 

3 funds received under this paragraph. 

4 ‘‘(III) The cost of serving such 

5 students proposed to be served, in6 cluding a description of expenditures. 

7 ‘‘(IV) An explanation of how 

8 funds received under this paragraph 

9 will be used for such students. 

10 ‘‘(V) An explanation of how such 

11 students proposed to be served will be 

12 identified and enrolled. 

13 ‘‘(VI) An explanation of how the 

14 program will work with disability stu15 dent support services and other serv16 ices that support students with dis17 abilities. 

18 ‘‘(C) AWARDING OF FUNDS.— 

19 ‘‘(i) PRIORITY.—In awarding funds 

20 under this paragraph, the Secretary shall 

21 give priority to applicants that— 

22 ‘‘(I) have established programs 

23 funded under this chapter; and 

24 ‘‘(II) describe how eligible stu25 dents proposed to be served will be inVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 5281 IS

1 cluded in the established associated 

2 program. 

3 ‘‘(ii) AMOUNT.—The Secretary shall 

4 award funds under this paragraph to an 

5 applicant in an amount that maximizes the 

6 number of eligible students served in a 

7 manner that meets such students’ needs 

8 for successful programmatic outcomes. 

9 ‘‘(iii) DISTRIBUTION.—The Secretary 

10 shall award funds under this paragraph— 

11 ‘‘(I) to not less than 10 percent 

12 of all the eligible entities that, on the 

13 date of enactment of the Expanding 

14 Disability Access to Higher Education 

15 Act, have a grant or contract awarded 

16 under this chapter (except section 

17 402E); and 

18 ‘‘(II) across— 

19 ‘‘(aa) geographic regions; 

20 and 

21 ‘‘(bb) sizes of programs. 

22 ‘‘(iv) REQUIREMENTS.—In awarding 

23 funds under this paragraph, the Secretary 

24 shall— 

25 ‘‘(I) require an assurance that— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 5281 IS

1 ‘‘(aa) in the case in which 

2 the associated program is under 

3 section 402B, not less than two4 thirds of the eligible students 

5 who are served with the funds 

6 under this paragraph be low-in7 come individuals who are first8 generation college students; 

9 ‘‘(bb) in the case in which 

10 the associated program is under 

11 section 402C— 

12 ‘‘(AA) not less than 

13 two-thirds of the eligible stu14 dents who are served with 

15 the funds under this para16 graph be low-income individ17 uals who are first-generation 

18 college students; and 

19 ‘‘(BB) the remaining 

20 eligible students who are 

21 served with the funds under 

22 this paragraph be low-in23 come individuals or first24 generation college students; 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 5281 IS

1 ‘‘(cc) in the case in which 

2 the associated program is under 

3 section 402D— 

4 ‘‘(AA) not less than 

5 two-thirds of the eligible stu6 dents who are served with 

7 the funds under this para8 graph be low-income individ9 uals who are first-generation 

10 college students; and 

11 ‘‘(BB) the remaining 

12 eligible students who are 

13 served with the funds under 

14 this paragraph be low-in15 come individuals or first16 generation college students; 

17 and 

18 ‘‘(dd) in the case in which 

19 the associated program is under 

20 section 402F— 

21 ‘‘(AA) not less than 

22 two-thirds of the eligible stu23 dents who are served with 

24 the funds under this para25 graph be low-income individVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 5281 IS

1 uals who are first-generation 

2 college students; and 

3 ‘‘(BB) the eligible stu4 dents who are served with 

5 the funds under this para6 graph are at least nineteen 

7 years of age, unless the im8 position of such limitation 

9 with respect to any person 

10 would defeat the purposes of 

11 this paragraph; 

12 ‘‘(II) require an assurance that 

13 such eligible students who are served 

14 do not have access to services from 

15 another program funded under this 

16 chapter; 

17 ‘‘(III) require an assurance that 

18 the program funded under this para19 graph and the associated program 

20 will— 

21 ‘‘(aa) be accessible to the el22 igible students proposed to be 

23 served by the program; 

24 ‘‘(bb) serve all students, in25 cluding eligible students; 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 5281 IS

1 ‘‘(cc) incorporate universal 

2 design for learning; and 

3 ‘‘(dd) ensure that accom4 modations are provided as needed 

5 for eligible students and address 

6 how the program plans to enroll 

7 such students; 

8 ‘‘(IV) require the program fund9 ed under this paragraph— 

10 ‘‘(aa) to comply with all pro11 gram requirements of the associ12 ated program; and 

13 ‘‘(bb) to include educational 

14 assistance as determined nec15 essary for eligible students to 

16 transition to postsecondary edu17 cation, such as— 

18 ‘‘(AA) academic and so19 cial supports; 

20 ‘‘(BB) student advising 

21 and family engagement; 

22 ‘‘(CC) college search 

23 and application processes; 

24 ‘‘(DD) financial plan25 ning; and 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 5281 IS

1 ‘‘(EE) targeted learn2 ing programs; 

3 ‘‘(V) require an assurance that 

4 the applicant will serve a number of 

5 eligible students with the funds under 

6 this paragraph that is not less than 

7 the number determined under sub8 paragraph (D); and 

9 ‘‘(VI) require an assurance 

10 that— 

11 ‘‘(aa) the funds under this 

12 paragraph and funds provided 

13 under the associated program 

14 will be used to incorporate eligi15 ble students into the associated 

16 program; and 

17 ‘‘(bb) such eligible students 

18 have access to all the program 

19 services of the associated pro20 gram, as well as any additional 

21 services they require to be full 

22 participants in the associated 

23 program. 

24 ‘‘(D) NUMBER OF ELIGIBLE STUDENTS TO

25 BE SERVED.— 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 5281 IS

1 ‘‘(i) IN GENERAL.—An applicant that 

2 receives funds under this paragraph shall 

3 use such funds to serve eligible students 

4 who are in addition to the students served 

5 through the associated program. 

6 ‘‘(ii) NUMBER OF STUDENTS TO BE

7 SERVED.—The number of eligible students 

8 to be served with funds under this para9 graph shall be the number that maximizes 

10 the number of eligible students served in a 

11 manner that meets such students’ needs 

12 for successful programmatic outcomes. 

13 ‘‘(2) POSTBACCALAUREATE ACHIEVEMENT PRO14 GRAM.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 award funds under this paragraph, on a com17 petitive basis, to an eligible entity that applies 

18 for assistance for a project under section 402E 

19 and also applies for such funds under this para20 graph in order to serve eligible students, as de21 scribed in subparagraph (B). 

22 ‘‘(B) ELIGIBLE STUDENTS.—An eligible 

23 student is described in this subparagraph if the 

24 student— 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 5281 IS

1 ‘‘(i) is eligible to receive assistance 

2 under a project assisted under section 

3 402E; 

4 ‘‘(ii) has an individualized education 

5 program, as defined in section 602 of the 

6 Individuals with Disabilities Education 

7 Act, is covered under section 504 of the 

8 Rehabilitation Act of 1973 (29 U.S.C. 

9 794), or has other documentation estab10 lishing the student’s disability (as such 

11 term is defined in section 3 of the Ameri12 cans with Disabilities Act of 1990 (42 

13 U.S.C. 12102)), such as— 

14 ‘‘(I) a cognitive or learning dis15 ability; 

16 ‘‘(II) a sensory disability; 

17 ‘‘(III) a physical or medical dis18 ability; 

19 ‘‘(IV) a mental health disability; 

20 or 

21 ‘‘(V) another disability; and 

22 ‘‘(iii) is registered as full time in six 

23 or more credits. 

24 ‘‘(C) APPLICATION.— 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 5281 IS

1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), an applicant for assist3 ance for a project under section 402E that 

4 desires to receive funds under this para5 graph shall submit an application for such 

6 funds to the Secretary at the same time 

7 such applicant submits an application 

8 under section 402E (referred to in this 

9 paragraph as the ‘associated application’). 

10 ‘‘(ii) APPLICATION MID-CYCLE.—An 

11 applicant that desires to receive funds 

12 under this paragraph that, at the time 

13 such applicant desires to apply for such 

14 funds, is receiving assistance for a project 

15 under section 402E may submit an appli16 cation for such funds to the Secretary 

17 independent of an associated application. 

18 ‘‘(iii) CONTENT OF APPLICATION.—An 

19 application for funds under this paragraph 

20 shall— 

21 ‘‘(I) describe identification, re22 cruitment, and implementation strate23 gies as well as programmatic elements 

24 specifically for eligible students; and 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 5281 IS

1 ‘‘(II) indicate whether this is a 

2 new project or will fund a project ex3 isting on the date of the application. 

4 ‘‘(D) AWARDING OF FUNDS.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall award funds under this paragraph to 

7 an applicant in an amount that maximizes 

8 the number of eligible students served in a 

9 manner that meets such students’ needs 

10 for successful programmatic outcomes. 

11 ‘‘(ii) REQUIREMENTS.—In awarding 

12 funds under this paragraph, the Secretary 

13 shall require an assurance that— 

14 ‘‘(I) not less than two-thirds of 

15 the eligible students who are served 

16 with the funds under this paragraph 

17 be low-income individuals who are 

18 first-generation college students; and 

19 ‘‘(II) the remaining eligible stu20 dents who are served with the funds 

21 under this paragraph be from a group 

22 that is underrepresented in graduate 

23 education, including— 

24 ‘‘(aa) Alaska Natives, as de25 fined in section 6306 of the EleVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 5281 IS

1 mentary and Secondary Edu2 cation Act of 1965; 

3 ‘‘(bb) Native Hawaiians, as 

4 defined in section 6207 of such 

5 Act; and 

6 ‘‘(cc) Native American Pa7 cific Islanders, as defined in sec8 tion 320. 

9 ‘‘(E) NUMBER OF ELIGIBLE STUDENTS TO

10 BE SERVED.— 

11 ‘‘(i) IN GENERAL.—An applicant that 

12 receives funds under this paragraph shall 

13 use such funds to serve eligible students 

14 who are in addition to the students served 

15 through the associated program. 

16 ‘‘(ii) NUMBER OF STUDENTS TO BE

17 SERVED.—The number of eligible students 

18 to be served with funds under this para19 graph shall be the number that maximizes 

20 the number of eligible students served in a 

21 manner that meets such students’ needs 

22 for successful programmatic outcomes. 

23 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds 

24 awarded under this subsection shall be used to supVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 5281 IS

1 plement, and not supplant, other funds available to 

2 carry out the activities described in this subsection. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to carry out 

5 this subsection $50,000,000 for each of fiscal years 

6 2023 through 2027.’’. 

7 SEC. 4. STAFF DEVELOPMENT ACTIVITIES. 

8 Subpart 1 of part D of title VII of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1140a et seq.) is amend10 ed— 

11 (1) in section 761, by striking ‘‘model dem12 onstration’’; and 

13 (2) in section 762— 

14 (A) in subsection (b)(2)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘and application’’ after ‘‘The develop17 ment’’; and 

18 (ii) in subparagraph (B), by inserting 

19 ‘‘and application’’ after ‘‘The develop20 ment’’; and 

21 (B) by striking subsection (d) and insert22 ing the following: 

23 ‘‘(d) REPORTS.— 

24 ‘‘(1) INITIAL REPORT.—Not later than 1 year 

25 after the date of enactment of the Expanding DisVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 5281 IS

1 ability Access to Higher Education Act, the Sec2 retary shall prepare and submit to the authorizing 

3 committees, and make available to the public, a re4 port on all projects awarded grants under this part 

5 for any of fiscal years 2024 through 2029, including 

6 a review of the activities and program performance 

7 of such projects based on existing information as of 

8 the date of the report. 

9 ‘‘(2) SUBSEQUENT REPORT.—Not later than 3 

10 years after the date of the first award of a grant 

11 under this subpart after the date of enactment of 

12 the Expanding Disability Access to Higher Edu13 cation Act, the Secretary shall prepare and submit 

14 to the authorizing committees, and make available to 

15 the public, a report that— 

16 ‘‘(A) reviews the activities and program 

17 performance of the projects authorized under 

18 this subpart; and 

19 ‘‘(B) provides guidance and recommenda20 tions on how effective projects can be rep21 licated.’’. 

22 SEC. 5. OFFICES OF TRAINING, TECHNICAL ASSISTANCE, 

23 AND ACCOMMODATIONS GRANT PROGRAM. 

24 (a) AUTHORIZATION OF GRANT PROGRAM.—The 

25 Secretary of Education shall award grants, on a competiVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 5281 IS

1 tive basis, to institutions of higher education to enable the 

2 institutions to establish an Office of Accessibility at the 

3 institution. 

4 (b) DURATION AND AMOUNT.—A grant under this 

5 section shall be 5 years in duration and in an amount 

6 equal to not less than $30,000 and not more than $80,000 

7 for each year. 

8 (c) APPLICATION.—An institution of higher edu9 cation that desires to receive a grant under this section 

10 shall submit an application to the Secretary at such time, 

11 in such manner, and containing such information as the 

12 Secretary may require, including an explanation of how 

13 the institution will sustain the Office of Accessibility after 

14 the grant period ends. 

15 (d) AWARDING OF GRANTS.— 

16 (1) PREFERENCE.—In awarding grants under 

17 this section, the Secretary shall give preference to— 

18 (A) 2-year institutions of higher education 

19 (as defined in section 101(a) of the Higher 

20 Education Act of 1965 (20 U.S.C. 1001(a))); 

21 and 

22 (B) institutions of higher education (as de23 fined in section 101 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1001)) that intend to 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 5281 IS

1 hire individuals with disabilities as staff at the 

2 Office of Accessibility. 

3 (2) DIVERSITY.—In awarding grants under this 

4 section, the Secretary shall ensure geographic, insti5 tutional, and urban or rural award distribution di6 versity. 

7 (e) USE OF FUNDS.—An institution of higher edu8 cation that receives a grant under this section shall estab9 lish an Office of Accessibility at the institution, which Of10 fice— 

11 (1) shall— 

12 (A) serve as a site for confidential requests 

13 for accommodations for faculty members with 

14 disabilities; 

15 (B) include an accommodations officer who 

16 has demonstrated expertise in addressing the 

17 needs of individuals with disabilities and who is 

18 trained to serve, and provide outreach to, fac19 ulty members with disabilities, staff with dis20 abilities, and students with disabilities; and 

21 (C) provide training and technical assist22 ance for faculty and staff on rights and accom23 modations for individuals with disabilities, in24 cluding protecting the civil rights of individuals 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 5281 IS

1 with disabilities on campus and in classrooms; 

2 and 

3 (2) may— 

4 (A) develop professional development ac5 tivities for faculty and staff about rights and 

6 accommodations for individuals with disabilities; 

7 (B) create a website, that is accessible to 

8 individuals with disabilities, to serve as a clear9 inghouse of information for individuals with dis10 abilities; and 

11 (C) carry out other activities that the insti12 tution determines appropriate. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $10,000,000 for fiscal year 2023 and each of the 4 suc16 ceeding fiscal years. 

17 SEC. 6. DATA COLLECTION AND REPORTING. 

18 (a) DATA COLLECTION AND REPORTING.— 

19 (1) OUTCOME CRITERIA.—Section 402A(f) of 

20 the Higher Education Act of 1965 (20 U.S.C. 

21 1070a–11(f)) is amended— 

22 (A) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 5281 IS

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the outcome criteria under 

3 this subsection shall be disaggregated by low-in4 come students, first-generation college students, 

5 individuals with disabilities (including for each 

6 of the categories described in items (aa) 

7 through (dd) of subsection (i)(1)(A)(ii)(II)), 

8 gender, race and ethnicity, language status, and 

9 delayed enrollment in postsecondary education 

10 after high school, in the schools and institutions 

11 of higher education served by the program to be 

12 evaluated. 

13 ‘‘(B) EXCEPTION.—Disaggregation under 

14 subparagraph (A) shall not be required in a 

15 case in which the number of students in a cat16 egory is insufficient to yield statistically reliable 

17 information or the results would reveal person18 ally identifiable information about an individual 

19 student.’’; 

20 (B) in paragraph (3)— 

21 (i) in subparagraph (C)(iii), by insert22 ing ‘‘(and, if the entity received funds 

23 under subsection (i), to a total number of 

24 eligible students as described in such sub25 section)’’ after ‘‘students,’’; 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 5281 IS

1 (ii) in subparagraph (D)(i), by insert2 ing ‘‘(and, if the entity received funds 

3 under subsection (i), to a total number of 

4 eligible students as described in such sub5 section)’’ after ‘‘program,’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(F) For— 

9 ‘‘(i) programs authorized under this 

10 chapter for which funds are awarded under 

11 subsection (i), the number of eligible stu12 dents (as defined in subsection 

13 (i)(2)(A)(ii)) served with such funds; and 

14 ‘‘(ii) each of subparagraphs (A) 

15 through (E), the extent to which the pro16 grams described in each of such subpara17 graphs served individuals with disabilities 

18 (as defined in section 3 of the Americans 

19 with Disabilities Act of 1990 (42 U.S.C. 

20 12102)).’’. 

21 (2) REPORTS.—Section 402H of the Higher 

22 Education Act of 1965 (20 U.S.C. 1070a–18) is 

23 amended— 

24 (A) in subsection (a)— 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 5281 IS

1 (i) in the subsection heading, by strik2 ing ‘‘TO THE AUTHORIZING COMMITTEES’’; 

3 (ii) in paragraph (1)(E), by inserting 

4 ‘‘(including for each of the categories of 

5 such students described in items (aa) 

6 through (dd) of section 

7 402A(i)(1)(A)(ii)(II))’’ after ‘‘disabilities’’; 

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(3) ANNUAL REPORT.— 

12 ‘‘(A) IN GENERAL.—Each entity that re13 ceives a grant or contract under this chapter 

14 shall submit an annual report to the Secretary 

15 on activities assisted and students served under 

16 the program funded under this chapter, includ17 ing information on— 

18 ‘‘(i) student persistence in the pro19 gram; 

20 ‘‘(ii) student enrollment in challenging 

21 courses; 

22 ‘‘(iii) graduation rates; 

23 ‘‘(iv) postsecondary enrollment rates; 

24 ‘‘(v) the types of services and sup25 ports provided to enrolled students; and 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 5281 IS

1 ‘‘(vi) any other information requested 

2 by the Secretary. 

3 ‘‘(B) DISAGGREGATION.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the information pro6 vided under subparagraph (A) shall be 

7 disaggregated by low-income student sta8 tus, first-generation college student status, 

9 disability status (including for each of the 

10 categories described in items (aa) through 

11 (dd) of section 402A(i)(1)(A)(ii)(II)), gen12 der, race and ethnicity, language status, 

13 and delayed enrollment in postsecondary 

14 education after high school. 

15 ‘‘(ii) EXCEPTION.—Disaggregation 

16 under clause (i) shall not be required in a 

17 case in which the number of students in a 

18 category is insufficient to yield statistically 

19 reliable information or the results would 

20 reveal personally identifiable information 

21 about an individual student.’’; and 

22 (B) in subsection (b)(2)(A)(i), by striking 

23 ‘‘and first-generation college students’’ and in24 serting ‘‘, first-generation college students, and 

25 students with disabilities’’. 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 5281 IS

1 (3) GEAR UP.—Section 404G of the Higher 

2 Education Act of 1965 (20 U.S.C. 1070a–27) is 

3 amended by adding at the end the following: 

4 ‘‘(e) DATA COLLECTION AND REPORTING.— 

5 ‘‘(1) IN GENERAL.—Each eligible entity receiv6 ing a grant under this chapter shall submit an an7 nual report to the Secretary on activities assisted 

8 and students served under the program funded 

9 under this chapter, including information on— 

10 ‘‘(A) student persistence in the program; 

11 ‘‘(B) student enrollment in challenging 

12 courses; 

13 ‘‘(C) graduation rates; 

14 ‘‘(D) postsecondary enrollment rates; 

15 ‘‘(E) the types of services and supports 

16 provided to enrolled students; and 

17 ‘‘(F) any other information requested by 

18 the Secretary. 

19 ‘‘(2) DISAGGREGATION AND AVAILABILITY.— 

20 ‘‘(A) IN GENERAL.—Information contained 

21 in the annual report described in paragraph (1) 

22 shall be— 

23 ‘‘(i) except as provided in subpara24 graph (B), disaggregated by low-income 

25 student status, first-generation college stuVerDate Sep 11 2014 15:52 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S5281.IS S5281

pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 5281 IS

1 dent status, disability status (including for 

2 each of the categories described in items 

3 (aa) through (dd) of section 

4 402A(i)(1)(A)(ii)(II)), gender, race and 

5 ethnicity, language status, and delayed en6 rollment in postsecondary education after 

7 high school; 

8 ‘‘(ii) cross-tabulated; and 

9 ‘‘(iii) made publicly available without 

10 personally identifiable information. 

11 ‘‘(B) EXCEPTION.—Disaggregation under 

12 subparagraph (A)(i) shall not be required in a 

13 case in which the number of students in a cat14 egory is insufficient to yield statistically reliable 

15 information or the results would reveal person16 ally identifiable information about an individual 

17 student. 

18 ‘‘(3) PUBLIC AVAILABILITY.—The Secretary 

19 shall make such report publicly available online.’’. 

20 (b) GAO REPORT.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Comp23 troller General of the United States shall begin a re24 view that examines— 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 5281 IS

1 (A) what is known about the population of 

2 students with disabilities, including by subcat3 egories of disability, who attend institutions of 

4 higher education; 

5 (B) how students with disabilities are iden6 tified and supported by the Department of Edu7 cation and grantee agencies through all Federal 

8 TRIO programs under chapter 1 of subpart 2 

9 of part A of title IV of the Higher Education 

10 Act of 1965 (20 U.S.C. 1070a–11 et seq.), in11 cluding— 

12 (i) any information related to whether 

13 and how students disclose if they have a 

14 disability; 

15 (ii) what, if any, transition services 

16 are provided to students with disabilities 

17 between high school and postsecondary 

18 education; and 

19 (iii) how such Federal TRIO pro20 grams work with other campus and non21 campus based services that support stu22 dents with disabilities; and 

23 (C) what information is reported by the 

24 Department of Education about services for 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 5281 IS

1 students with disabilities through such Federal 

2 TRIO programs. 

3 (2) REPORT.—The Comptroller General of the 

4 United States shall submit to the appropriate con5 gressional committees a report on the review con6 ducted under paragraph (1). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS