I 

116TH CONGRESS 

1ST SESSION H. R. 4643 

To amend the Higher Education Act of 1965 to improve accessibility to, 

and completion of, postsecondary education for students, including students with disabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2019 

Mr. DESAULNIER (for himself, Mr. HUFFMAN, Mr. LANGEVIN, Mr. KHANNA, 

Mr. HARDER of California, and Ms. PRESSLEY) introduced the following 

bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend the Higher Education Act of 1965 to improve 

accessibility to, and completion of, postsecondary education for students, including students with disabilities, 

and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Improving Access to Higher Education Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES 

WITH A QUALITY HIGHER EDUCATION 

Sec. 101. Supporting postsecondary faculty, staff, and administrators in providing accessible education. 

Sec. 102. Office of Accessibility. 

Sec. 103. Accessible instructional materials and technology. 

Sec. 104. Postsecondary programs for students with intellectual disabilities. 

Sec. 105. National Technical Assistance Center and National Coordinating 

Center for Inclusion of Students with Intellectual Disabilities. 

Sec. 106. Definitions. 

TITLE II—MISCELLANEOUS PROVISIONS 

Sec. 201. Submission of data with respect to students with disabilities. 

Sec. 202. Training for realtime writers to provide closed captioning and court 

reporting services. 

Sec. 203. Perfecting amendment. 

1 TITLE I—PROGRAMS TO PRO2 VIDE STUDENTS WITH DIS3 ABILITIES WITH A QUALITY 

4 HIGHER EDUCATION 

5 SEC. 101. SUPPORTING POSTSECONDARY FACULTY, STAFF, 

6 AND ADMINISTRATORS IN PROVIDING ACCES7 SIBLE EDUCATION. 

8 (a) GRANTS.—Section 762 of the Higher Education 

9 Act of 1965 (20 U.S.C. 1140b) is amended to read as 

10 follows: 

11 ‘‘SEC. 762. GRANTS AUTHORIZED. 

12 ‘‘(a) COMPETITIVE GRANTS AUTHORIZED TO SUP13 PORT POSTSECONDARY FACULTY, STAFF, AND ADMINIS14 TRATORS IN PROVIDING AN ACCESSIBLE EDUCATION.— 

15 ‘‘(1) IN GENERAL.—From amounts appro16 priated under section 765C, the Secretary shall 

17 award grants, on a competitive basis, to institutions 


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1 of higher education to enable the institutions to 

2 carry out the activities under subsection (b). 

3 ‘‘(2) AWARDS FOR PROFESSIONAL DEVELOP4 MENT AND TECHNICAL ASSISTANCE.—Not less than 

5 5 grants shall be awarded to institutions of higher 

6 education that provide professional development and 

7 technical assistance in order to improve access to, 

8 and completion of, postsecondary education for stu9 dents, including students with disabilities. 

10 ‘‘(b) DURATION; ACTIVITIES.— 

11 ‘‘(1) DURATION.—A grant under this section 

12 shall be awarded for a period of 5 years. 

13 ‘‘(2) AUTHORIZED ACTIVITIES.—A grant 

14 awarded under this section shall be used to carry 

15 out one or more of the following activities: 

16 ‘‘(A) TEACHING METHODS AND STRATE17 GIES.—The development and implementation of 

18 training to provide innovative, effective, and evi19 dence-based teaching methods and strategies, 

20 consistent with the principles of universal de21 sign for learning, to provide postsecondary fac22 ulty, staff, and administrators with the skills 

23 and supports necessary to teach and meet the 

24 academic and programmatic needs of students 

25 (including students with disabilities) in order to 


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1 improve the retention of such students in, and 

2 the completion by such students of, postsec3 ondary education. Such methods and strategies 

4 may include in-service training, professional de5 velopment, customized and general technical as6 sistance, workshops, summer institutes, dis7 tance learning, and training in the use of assist8 ive and educational technology. 

9 ‘‘(B) IMPLEMENTING ACCOMMODATIONS.— 

10 The development and implementation of train11 ing to provide postsecondary faculty, staff, and 

12 administrators methods and strategies of pro13 viding appropriate accommodations consistent 

14 with the principles of universal design (as de15 fined in section 103) for learning for students 

16 with disabilities, including descriptions of legal 

17 obligations of the institution of higher edu18 cation to provide such accommodations. 

19 ‘‘(C) EFFECTIVE TRANSITION PRAC20 TICES.—The development and implementation 

21 of innovative, effective, and evidence-based 

22 teaching methods and strategies to provide 

23 postsecondary faculty, staff, and administrators 

24 with the skills and supports necessary to ensure 

25 the successful and smooth transition of stuVerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643

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1 dents with disabilities from secondary school to 

2 postsecondary education. The teaching methods 

3 and strategies may include supporting students 

4 in the development of self-advocacy skills to im5 prove transition to, and completion of, postsec6 ondary education. 

7 ‘‘(D) DISTANCE LEARNING.—The develop8 ment and implementation of training to provide 

9 innovative, effective, and evidence-based teach10 ing methods and strategies to enable postsec11 ondary faculty, staff, and administrators to pro12 vide accessible distance education programs or 

13 classes that would enhance the access of stu14 dents (including students with disabilities) to 

15 postsecondary education, including the use of 

16 accessible curricula and electronic communica17 tion for instruction and advising that meet the 

18 requirements of section 508 of the Rehabilita19 tion Act of 1973 (29 U.S.C. 794d). 

20 ‘‘(E) CAREER PATHWAY GUIDANCE.—The 

21 development and implementation of effective 

22 and evidence-based teaching methods and strat23 egies to provide postsecondary faculty, staff, 

24 and administrators with the ability to advise 

25 students with disabilities with respect to their 


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1 chosen career pathway, which shall include at 

2 least one of the following: 

3 ‘‘(i) Supporting internships, appren4 ticeships registered under the Act of Au5 gust 16, 1937 (commonly known as the 

6 ‘National Apprenticeship Act’; 50 Stat. 

7 664, chapter 663; 29 U.S.C. 50 et seq.), or 

8 work-based learning opportunities. 

9 ‘‘(ii) Counseling on coursework to 

10 meet the degree, certificate, or recognized 

11 postsecondary credential appropriate for 

12 the field chosen. 

13 ‘‘(iii) Developing self-advocacy skills 

14 to advocate for appropriate accommoda15 tions once in the workplace. 

16 ‘‘(iv) Support with selecting a career 

17 pathway that leads to competitive, inte18 grated employment. 

19 ‘‘(3) MANDATORY EVALUATION AND DISSEMI20 NATION.—An institution of higher education award21 ed a grant under this section shall evaluate and dis22 seminate to other institutions of higher education 

23 the information obtained through the activities de24 scribed in subparagraphs (A) through (E) of para25 graph (2). 


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1 ‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In 

2 awarding grants under this section, the Secretary shall 

3 consider the following: 

4 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing 

5 an equitable geographic distribution of such awards. 

6 ‘‘(2) RURAL AND URBAN AREAS.—Distributing 

7 such awards to urban and rural areas. 

8 ‘‘(3) RANGE AND TYPE OF INSTITUTION.—En9 suring that the activities to be assisted are developed 

10 for a range of types and sizes of institutions of high11 er education. 

12 ‘‘(d) REPORTS.— 

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

14 after the date of enactment of the this Act, the Sec15 retary shall prepare and submit to the authorizing 

16 committees, and make available to the public, a re17 port on all projects awarded grants under this part, 

18 including a review of the activities and program per19 formance of such projects based on existing informa20 tion as of the date of the report. 

21 ‘‘(2) SUBSEQUENT REPORT.—Not later than 

22 five years after the date of the first award of a grant 

23 under this section after the date of the Improving 

24 Access to Higher Education Act of 2019, the Sec25 retary shall prepare and submit to the authorizing 


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1 committees, and make available to the public, a re2 port that— 

3 ‘‘(A) reviews the activities and program 

4 performance of the projects authorized under 

5 subsection (b); and 

6 ‘‘(B) provides guidance and recommenda7 tions on how effective projects can be rep8 licated.’’. 

9 (b) APPLICATIONS.—Section 763 of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1140c) is amended to read 

11 as follows: 

12 ‘‘SEC. 763. APPLICATIONS. 

13 ‘‘Each institution of higher education desiring to re14 ceive a grant under section 762 shall submit an applica15 tion to the Secretary at such time, in such manner, and 

16 accompanied by such information as the Secretary may 

17 require. Each application shall include— 

18 ‘‘(1) a description of the activities authorized 

19 under section 762(b) that the institution proposes to 

20 carry out, and how such institution plans to conduct 

21 such activities in order to further the purposes of 

22 this subpart; 

23 ‘‘(2) a description of how the institution con24 sulted with a broad range of people, including indi25 viduals with expertise in disability supports or speVerDate Sep 11 2014 01:32 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4643.IH H4643

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1 cial education, within the institution to develop ac2 tivities for which assistance is sought; 

3 ‘‘(3) a description of how the institution will co4 ordinate and collaborate with the office of accessi5 bility; and 

6 ‘‘(4) a description of the extent to which the in7 stitution will work to replicate the research-based 

8 and best practices of institutions of higher education 

9 with demonstrated effectiveness in serving students 

10 with disabilities.’’. 

11 SEC. 102. OFFICE OF ACCESSIBILITY. 

12 Subpart 1 of part D of title VII of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1140a et seq.) is amend14 ed— 

15 (1) by redesignating section 765 as section 

16 765C; 

17 (2) by inserting after section 764 the following: 

18 ‘‘SEC. 765A. OFFICE OF ACCESSIBILITY. 

19 ‘‘(a) ESTABLISHMENT.—Each institution of higher 

20 education shall establish an office of accessibility to de21 velop and implement policies to support students who 

22 enter postsecondary education with disabilities and stu23 dents who acquire a disability while enrolled in an institu24 tion of higher education. 

25 ‘‘(b) DUTIES.—Each office of accessibility shall— 


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1 ‘‘(1) inform students, during student orienta2 tion, about services provided at the institution of 

3 higher education, and continually update such infor4 mation through the accessibility office’s website and 

5 other communications to improve accessibility of 

6 such services; 

7 ‘‘(2) provide information to students regarding 

8 accommodations and modifications provided by the 

9 institution of higher education with respect to in10 ternships, practicums, work-based learning, appren11 ticeships registered under the Act of August 16, 

12 1937 (commonly known as the ‘National Apprentice13 ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 

14 et seq.), or other work-related environments that— 

15 ‘‘(A) the student may engage in through 

16 courses; or 

17 ‘‘(B) are necessary for completion of a de18 gree, certificate, or recognized postsecondary 

19 credential; 

20 ‘‘(3) provide information to students regarding 

21 their legal rights under the Americans with Disabil22 ities Act (42 U.S.C. 12101 et seq.) and section 504 

23 of the Rehabilitation Act (29 U.S.C. 794); and 


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1 ‘‘(4) in order to provide appropriate accom2 modations to students with disabilities, carry out the 

3 following: 

4 ‘‘(A) Adopt policies that, at a minimum, 

5 make any of the following documentation sub6 mitted by an individual sufficient to establish 

7 that such individual is an individual with a dis8 ability: 

9 ‘‘(i) Documentation that the indi10 vidual has had an individualized education 

11 program (IEP) in accordance with section 

12 614(d) of the Individuals with Disabilities 

13 Education Act (20 U.S.C. 1414(d)), in14 cluding an IEP that may not be current on 

15 the date of the determination that the indi16 vidual has a disability. The office of acces17 sibility may ask for additional documenta18 tion from an individual who had an IEP 

19 but who was subsequently evaluated and 

20 determined to be ineligible for services 

21 under the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1400 et seq.), 

23 including an individual determined to be 

24 ineligible during elementary school. 


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1 ‘‘(ii) Documentation describing serv2 ices or accommodations provided to the in3 dividual pursuant to section 504 of the Re4 habilitation Act of 1973 (29 U.S.C. 794) 

5 (commonly referred to as a ‘Section 504 

6 plan’). 

7 ‘‘(iii) A plan or record of service for 

8 the individual from a private school, a local 

9 educational agency, a State educational 

10 agency, or an institution of higher edu11 cation provided in accordance with the 

12 Americans with Disabilities Act of 1990 

13 (42 U.S.C. 12101 et seq.). 

14 ‘‘(iv) A record or evaluation from a 

15 relevant licensed professional finding that 

16 the individual has a disability. 

17 ‘‘(v) A plan or record of disability 

18 from another institution of higher edu19 cation. 

20 ‘‘(vi) Documentation of a disability 

21 due to service in the uniformed services, as 

22 defined in section 484C(a). 

23 ‘‘(B) Adopt policies that are transparent 

24 and explicit regarding the process by which the 


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1 institution determines eligibility for accom2 modations. 

3 ‘‘(C) Disseminate the information de4 scribed in subparagraph (B) to students, par5 ents, and faculty— 

6 ‘‘(i) in an accessible format; 

7 ‘‘(ii) during student orientation; and 

8 ‘‘(iii) by making such information 

9 readily available on a public website of the 

10 institution. 

11 ‘‘(D) Provide accommodations to students 

12 with mental health disabilities. 

13 ‘‘SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND 

14 ACCESSIBILITY. 

15 ‘‘(a) GRANTS AUTHORIZED.— 

16 ‘‘(1) IN GENERAL.—From amounts appro17 priated under section 765C, the Secretary may 

18 award grants on a competitive basis to institutions 

19 of higher education to enable the institutions to 

20 carry out the activities described under subsection 

21 (c). 

22 ‘‘(2) DURATION.—A grant under this section 

23 shall be awarded for a period of 5 years. 


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1 ‘‘(3) CONSIDERATION IN MAKING AWARDS.—In 

2 awarding grants under this section, the Secretary 

3 shall consider the following: 

4 ‘‘(A) Providing an equitable geographic 

5 distribution of such awards. 

6 ‘‘(B) Ensuring that the activities to be as7 sisted are developed for a range of types and 

8 sizes of institutions of higher education. 

9 ‘‘(b) APPLICATION.—Each institution of higher edu10 cation desiring to receive a grant under this section shall 

11 submit an application to the Secretary at such time, in 

12 such manner, and accompanied by such information as the 

13 Secretary may require. Each application shall include— 

14 ‘‘(1) a description of how the institution will 

15 carry out the activities under subsection (c); 

16 ‘‘(2) a description of the consultation the insti17 tution has had with a broad range of people within 

18 the institution, including individuals with expertise 

19 in disability supports or special education, in devel20 oping the information under paragraph (1); 

21 ‘‘(3) a plan for the sustainability of the pro22 gram after the end of the grant period; and 

23 ‘‘(4) a written business plan for revenue and ex24 penditures to be provided to the Department under 

25 subsection (d). 


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1 ‘‘(c) ACTIVITIES.—A grant awarded under this sec2 tion shall be used to— 

3 ‘‘(1) develop and implement across the institu4 tion of higher education, a universal design (as de5 fined in section 103) for learning framework for 

6 course design and instructional materials to improve 

7 campus-wide accessibility to instruction, materials, 

8 and the learning environment; or 

9 ‘‘(2) develop or improve distance education 

10 courses consistent with the principles of universal 

11 design for learning to improve accessibility of in12 struction and materials. 

13 ‘‘(d) REPORTS.— 

14 ‘‘(1) GRANT RECIPIENT REPORTS.—An institu15 tion of higher education awarded a grant under this 

16 section shall evaluate and disseminate to other insti17 tutions of higher education, the information obtained 

18 through the activities described in subsection (c). 

19 ‘‘(2) INITIAL REPORT BY SECRETARY.—Not 

20 later than one year after the date of the enactment 

21 of this section, the Secretary shall prepare and sub22 mit to the authorizing committees, and make avail23 able to the public, a report on all projects awarded 

24 grants under this section, including a review of the 

25 activities and program performance of such projects 


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1 based on existing information as of the date of the 

2 report. 

3 ‘‘(3) FINAL REPORT BY SECRETARY.—Not later 

4 than 6 years after the date of the first award of a 

5 grant under this section, the Secretary shall prepare 

6 and submit to the authorizing committees, and make 

7 available to the public, a report that— 

8 ‘‘(A) reviews the activities and program 

9 performance of the projects authorized under 

10 this section; and 

11 ‘‘(B) provides guidance and recommenda12 tions on how effective projects can be rep13 licated.’’; and 

14 (3) by amending section 765C, as so redesig15 nated, by striking ‘‘2009’’ and inserting ‘‘2018’’. 

16 SEC. 103. ACCESSIBLE INSTRUCTIONAL MATERIALS AND 

17 TECHNOLOGY. 

18 (a) ESTABLISHMENT OF COMMISSION.—The Speaker 

19 of the House of Representatives, the President pro tem20 pore of the Senate, and the Secretary of Education shall 

21 establish an independent commission, comprised of key 

22 stakeholders, to develop guidelines for accessible postsec23 ondary electronic instructional materials and related tech24 nologies in order— 


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1 (1) to ensure students with disabilities are af2 forded the same educational benefits provided to stu3 dents without disabilities through the use of elec4 tronic instructional materials and related tech5 nologies; 

6 (2) to improve the selection and use of such 

7 materials and technologies at institutions of higher 

8 education; and 

9 (3) to encourage entities that produce such ma10 terials and technologies to make accessible versions 

11 more readily available in the market. 

12 (b) REVIEW.—In carrying out subsection (a), the 

13 commission shall— 

14 (1) review applicable information technology ac15 cessibility standards; and 

16 (2) compile and annotate such accessibility 

17 standards as an additional information resource for 

18 institutions of higher education and companies that 

19 service the higher education market. 

20 (c) MEMBERSHIP.— 

21 (1) STAKEHOLDER GROUPS.—The commission 

22 shall be composed of representatives from the fol23 lowing categories: 

24 (A) Communities of persons with disabil25 ities for whom the accessibility of postsecondary 


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1 electronic instructional materials and related 

2 technologies is a significant factor in ensuring 

3 equal participation in higher education, and 

4 nonprofit organizations that provide accessible 

5 electronic materials to these communities. 

6 (B) Higher education leadership, including 

7 institution of higher education presidents, pro8 vosts, deans, vice presidents or deans of librar9 ies, chief information officers, and other senior 

10 institutional executives. 

11 (C) Developers of postsecondary electronic 

12 instructional materials and manufacturers of 

13 related technologies. 

14 (2) APPOINTMENT OF MEMBERS.—The commis15 sion members shall be appointed as follows: 

16 (A) 6 members, 2 from each category de17 scribed in paragraph (1), shall be appointed by 

18 the Speaker of the House of Representatives, 3 

19 of whom shall be appointed on the rec20 ommendation of the majority leader of the 

21 House of Representatives and 3 of whom shall 

22 be appointed on the recommendation of the mi23 nority leader of the House of Representatives, 

24 with the Speaker ensuring that 1 developer of 

25 postsecondary electronic instructional materials 


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1 and 1 manufacturer of related technologies are 

2 appointed. The Speaker shall also appoint 2 ad3 ditional members, 1 student with a disability 

4 and 1 faculty member from an institution of 

5 higher education. 

6 (B) 6 members, 2 from each category de7 scribed in paragraph (1), shall be appointed by 

8 the President pro tempore of the Senate, 3 of 

9 whom shall be appointed on the recommenda10 tion of the majority leader of the Senate and 3 

11 of whom shall be appointed on the rec12 ommendation of the minority leader of the Sen13 ate, with the President pro tempore ensuring 

14 that 1 developer of postsecondary electronic in15 structional materials and 1 manufacturer of re16 lated technologies are appointed. The President 

17 pro tempore shall also appoint 2 additional 

18 members, 1 student with a disability and 1 fac19 ulty member from an institution of higher edu20 cation. 

21 (C) 3 members, each of whom must pos22 sess extensive, demonstrated technical expertise 

23 in the development and implementation of ac24 cessible postsecondary electronic instructional 

25 materials, shall be appointed by the Secretary 


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1 of Education. 1 of these members shall rep2 resent postsecondary students with disabilities, 

3 1 shall represent higher education leadership, 

4 and 1 shall represent developers of postsec5 ondary electronic instructional materials. 

6 (3) ELIGIBILITY TO SERVE AS A MEMBER.— 

7 Federal employees are ineligible for appointment to 

8 the commission. An appointee to a volunteer or advi9 sory position with a Federal agency or related advi10 sory body may be appointed to the commission so 

11 long as his or her primary employment is with a 

12 non-Federal entity and he or she is not otherwise 

13 engaged in financially compensated work on behalf 

14 of the Federal Government, exclusive of any stand15 ard expense reimbursement or grant-funded activi16 ties. 

17 (d) AUTHORITY AND ADMINISTRATION.— 

18 (1) AUTHORITY.—The commission’s execution 

19 of its duties shall be independent of the Secretary of 

20 Education, the Attorney General, and the head of 

21 any other agency or department of the Federal Gov22 ernment with regulatory or standard setting author23 ity in the areas addressed by the commission. 

24 (2) ADMINISTRATION.— 


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1 (A) STAFFING.—There shall be no perma2 nent staffing for the commission. 

3 (B) LEADERSHIP.—Commission members 

4 shall elect a chairperson from among the ap5 pointees to the commission. 

6 (C) ADMINISTRATIVE SUPPORT.—The 

7 Commission shall be provided administrative 

8 support, as needed, by the Secretary of Edu9 cation through the Office of Postsecondary 

10 Education of the Department of Education. 

11 (e) DUTIES.— 

12 (1) GUIDELINES.—Not later than 18 months 

13 after the date of enactment of this Act, subject to 

14 a 6-month extension that it may exercise at its dis15 cretion, the commission shall— 

16 (A) develop and issue guidelines for acces17 sible postsecondary electronic instructional ma18 terials, and related technologies; and 

19 (B) in developing the guidelines, the com20 mission shall— 

21 (i) establish a technical panel pursu22 ant to paragraph (4) to support the com23 mission in developing the guidelines; 

24 (ii) develop criteria for determining 

25 which materials and technologies constitute 


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1 postsecondary electronic instructional ma2 terials and related technologies; 

3 (iii) identify existing national and 

4 international accessibility standards that 

5 are relevant to student use of postsec6 ondary electronic instructional materials 

7 and related technologies at institutions of 

8 higher education; 

9 (iv) identify and address any unique 

10 pedagogical and accessibility requirements 

11 of postsecondary electronic instructional 

12 materials and related technologies that are 

13 not addressed, or not adequately ad14 dressed, by the identified, relevant existing 

15 accessibility standards; 

16 (v) identify those aspects of accessi17 bility, and types of postsecondary instruc18 tional materials and related technologies, 

19 for which the commission cannot produce 

20 guidelines or which cannot be addressed by 

21 existing accessibility standards due to— 

22 (I) inherent limitations of com23 mercially available technologies; or 

24 (II) the challenges posed by a 

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1 ers a wide spectrum of impairments 

2 and capabilities which makes it dif3 ficult to assess the benefits from par4 ticular guidelines on a categorical 

5 basis; 

6 (vi) ensure that the guidelines are 

7 consistent with the requirements of section 

8 504 of the Rehabilitation Act of 1973 (29 

9 U.S.C. 794) and titles II and III of the 

10 Americans with Disabilities Act (42 U.S.C. 

11 12131 et seq.; 42 U.S.C. 12181 et seq.); 

12 (vii) ensure that the guidelines are 

13 consistent, to the extent feasible and ap14 propriate, with the technical and functional 

15 performance criteria included in the na16 tional and international accessibility stand17 ards identified by the commission as rel18 evant to student use of postsecondary elec19 tronic instructional materials and related 

20 technologies; 

21 (viii) allow for the use of an alter22 native design or technology that results in 

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1 abilities than would be provided by compli2 ance with the guidelines; and 

3 (ix) provide that where electronic in4 structional materials, or related tech5 nologies, that comply fully with the guide6 lines are not commercially available, or 

7 where such compliance is not technically 

8 feasible, the institution may select the 

9 product that best meets the guidelines con10 sistent with the institution’s business and 

11 pedagogical needs. 

12 (2) ANNOTATED LIST OF INFORMATION TECH13 NOLOGY STANDARDS.—Not later than 18 months 

14 after the date of the enactment of this Act, subject 

15 to a 6-month extension that it may exercise at its 

16 discretion, the commission established in section 2 

17 shall, with the assistance of the technical panel es18 tablished under paragraph (4), develop and issue an 

19 annotated list of information technology standards. 

20 (3) APPROVAL.—Issuance of the guidelines and 

21 annotated list of information technology standards 

22 shall require approval of at least 75 percent of the 

23 members of the commission. 

24 (4) TECHNICAL PANEL.—Not later than 1 

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1 point and convene a panel of 12 technical experts, 

2 each of whom shall have extensive, demonstrated 

3 technical experience in developing, researching, or 

4 implementing accessible postsecondary electronic in5 structional materials, or related technologies. The 

6 commission has discretion to determine a process for 

7 nominating, vetting, and confirming a panel of ex8 perts that fairly represents the stakeholder commu9 nities on the commission. The technical panel shall 

10 include a representative from the United States Ac11 cess Board. 

12 (f) REVIEW OF GUIDELINES.—Not later than 5 years 

13 after issuance of the guidelines and annotated list of infor14 mation technology standards described in subsections (a) 

15 and (b), and every 5 years thereafter, the Secretary of 

16 Education shall publish a notice in the Federal Register 

17 requesting public comment about whether there is a need 

18 to reconstitute the commission to update the guidelines 

19 and annotated list of information technology standards to 

20 reflect technological advances, changes in postsecondary 

21 electronic instructional materials and related technologies, 

22 or updated national and international accessibility stand23 ards. The Secretary shall then submit a report and rec24 ommendation to Congress regarding whether the Commis25 sion should be reconstituted. 


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1 (g) RULE OF APPLICATION.— 

2 (1) NONCONFORMING POSTSECONDARY ELEC3 TRONIC INSTRUCTIONAL MATERIALS OR RELATED

4 TECHNOLOGIES.—Nothing in this section shall be 

5 construed to require an institution of higher edu6 cation to require, provide, or both recommend and 

7 provide, postsecondary electronic instructional mate8 rials or related technologies that conform to the 

9 guidelines. However, an institution that selects or 

10 uses nonconforming postsecondary electronic instruc11 tional materials or related technologies must other12 wise comply with existing obligations under section 

13 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

14 794) and titles II and III of the Americans with 

15 Disabilities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 

16 12181 et seq.) to provide access to the educational 

17 benefit afforded by such materials and technologies 

18 through provision of appropriate and reasonable 

19 modification, accommodation, and auxiliary aids or 

20 services. 

21 (2) RELATIONSHIP TO EXISTING LAWS AND

22 REGULATIONS.—With respect to the Americans with 

23 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

24 and the Rehabilitation Act of 1973 (29 U.S.C. 701 

25 et seq.), nothing in this Act may be construed— 


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1 (A) to authorize or require conduct prohib2 ited under the Americans with Disabilities Act 

3 of 1990 and the Rehabilitation Act of 1973, in4 cluding the regulations issued pursuant to those 

5 laws; 

6 (B) to expand, limit, or alter the remedies 

7 or defenses under the Americans with Disabil8 ities Act of 1990 and the Rehabilitation Act of 

9 1973; 

10 (C) to supersede, restrict, or limit the ap11 plication of the Americans with Disabilities Act 

12 of 1990 and the Rehabilitation Act of 1973; or 

13 (D) to limit the authority of Federal agen14 cies to issue regulations pursuant to the Ameri15 cans with Disabilities Act of 1990 and the Re16 habilitation Act of 1973. 

17 (h) DEFINITIONS.—In this section: 

18 (1) ANNOTATED LIST OF INFORMATION TECH19 NOLOGY STANDARDS.—The term ‘‘annotated list of 

20 information technology standards’’ means a list of 

21 existing national and international accessibility 

22 standards relevant to student use of postsecondary 

23 electronic instructional materials and related tech24 nologies, and to other types of information tech25 nology common to institutions of higher education, 


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1 such as institutional websites or registration sys2 tems, annotated by the commission established pur3 suant to this section. The annotated list of informa4 tion technology standards is intended to serve solely 

5 as a reference tool to inform any consideration of 

6 the relevance of such standards in higher education 

7 contexts. 

8 (2) POSTSECONDARY ELECTRONIC INSTRUC9 TIONAL MATERIALS.—The term ‘‘postsecondary elec10 tronic instructional materials’’ means digital cur11 ricular content that is required, provided, or both 

12 recommended and provided by an institution of high13 er education for use in a postsecondary instructional 

14 program. 

15 (3) RELATED TECHNOLOGIES.—The term ‘‘re16 lated technologies’’ refers to any software, applica17 tions, learning management or content management 

18 systems, and hardware that an institution of higher 

19 education requires, provides, or both recommends 

20 and provides for student access to and use of post21 secondary electronic instructional materials in a 

22 postsecondary instructional program. 

23 (4) TECHNICAL PANEL.—The term ‘‘technical 

24 panel’’ means a group of experts with extensive, 

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1 ment and implementation of accessibility features for 

2 postsecondary electronic instructional materials and 

3 related technologies, established by the Commission 

4 pursuant to subsection (e)(4), which will assist the 

5 commission in the development of the guidelines and 

6 annotated list of information technology standards 

7 authorized under this Act. 

8 SEC. 104. POSTSECONDARY PROGRAMS FOR STUDENTS 

9 WITH INTELLECTUAL DISABILITIES. 

10 (a) PURPOSE.—Section 766 of the Higher Education 

11 Act of 1965 (20 U.S.C. 1140f) is amended to read as fol12 lows: 

13 ‘‘SEC. 766. PURPOSE. 

14 ‘‘It is the purpose of this subpart to support inclusive 

15 programs that promote the successful transition of stu16 dents with intellectual disabilities into higher education 

17 and the earning of a degree, certificate, or recognized 

18 postsecondary credential issued by the institution of high19 er education.’’. 

20 (b) PROGRAMS FOR STUDENTS WITH INTELLECTUAL

21 DISABILITIES.—Section 767 of the Higher Education Act 

22 of 1965 (20 U.S.C. 1140g) is amended to read as follows: 


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1 ‘‘SEC. 767. INCLUSIVE HIGHER EDUCATION PROGRAMS FOR 

2 STUDENTS WITH INTELLECTUAL DISABIL3 ITIES. 

4 ‘‘(a) GRANTS AUTHORIZED.— 

5 ‘‘(1) IN GENERAL.—From amounts appro6 priated under section 769(a), the Secretary shall an7 nually award grants, on a competitive basis, to insti8 tutions of higher education (or consortia of three or 

9 more institutions of higher education), to enable 

10 such institutions or consortia to create or expand a 

11 comprehensive transition and postsecondary edu12 cation program for students with intellectual disabil13 ities. 

14 ‘‘(2) ELIGIBILITY AND APPROPRIATIONS LIM15 ITS.— 

16 ‘‘(A) RELATION TO OTHER GRANTS.—An 

17 institution of higher education that received a 

18 grant under this section before the date of the 

19 enactment of the Improving Access to Higher 

20 Education Act of 2019 may not receive an addi21 tional grant under this section unless— 

22 ‘‘(i) the institution receives a grant as 

23 part of a consortium of three or more in24 stitutions of higher education; or 

25 ‘‘(ii) the grant term of such preceding 

26 grant has ended. 


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1 ‘‘(B) LIMITATION ON AMOUNTS.— 

2 ‘‘(i) INSTITUTION OF HIGHER EDU3 CATION.—A grant under this section made 

4 to an institution of higher education may 

5 not be in an amount greater than 

6 $300,000. 

7 ‘‘(ii) CONSORTIUM.—A grant under 

8 this section made to a consortia of institu9 tions of higher education may not be in an 

10 amount greater than $500,000. 

11 ‘‘(3) ADMINISTRATION.—The program under 

12 this section shall be administered by the office in the 

13 Department that administers other postsecondary 

14 education programs in consultation with the Office 

15 of Postsecondary Education and the Office of Spe16 cial Education and Rehabilitative Services of the De17 partment of Education. 

18 ‘‘(4) DURATION OF GRANTS.—A grant under 

19 this section shall be awarded for a period of 5 years. 

20 ‘‘(b) APPLICATION.—An institution of higher edu21 cation or a consortium desiring a grant under this section 

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

23 in such manner, and containing such information as the 

24 Secretary may require. 


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1 ‘‘(c) AWARD BASIS.—In awarding grants under this 

2 section, the Secretary shall— 

3 ‘‘(1) provide for an equitable geographic dis4 tribution of such grants; 

5 ‘‘(2) to the extent possible, provide for an equi6 table distribution of such grants between 4-year in7 stitutions of higher education and 2-year institutions 

8 of higher education, including community colleges; 

9 ‘‘(3) provide grant funds for high-quality, inclu10 sive higher education programs for students with in11 tellectual disabilities, herein after referred to as in12 clusive higher education programs, that will serve 

13 areas that are underserved by programs of this type; 

14 ‘‘(4) in the case of an institution of higher edu15 cation that provides institutionally owned or oper16 ated housing for students attending the institution, 

17 award grants only to such institutions that integrate 

18 students with intellectual disabilities into the hous19 ing offered to students without disabilities or to in20 stitutions that provide such integrated housing 

21 through providing supports to students directly or 

22 through partnerships with other organizations; 

23 ‘‘(5) provide grant funds to encourage involve24 ment of students attending institutions of higher 

25 education in the fields of special education, general 


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1 education, vocational rehabilitation, assistive tech2 nology, or related fields in the program; 

3 ‘‘(6) select applications that— 

4 ‘‘(A) demonstrate an existing comprehen5 sive transition and postsecondary education 

6 program for students with intellectual disabil7 ities that is title IV eligible; or 

8 ‘‘(B) agree to establish such a program; 

9 and 

10 ‘‘(7) give preference to applications submitted 

11 under subsection (b) that agree to incorporate into 

12 the inclusive higher education program for students 

13 with intellectual disabilities carried out under the 

14 grant one or more of the following elements: 

15 ‘‘(A) The formation of a partnership with 

16 any relevant agency serving students with intel17 lectual disabilities, such as a vocational rehabili18 tation agency. 

19 ‘‘(B) Applications that represent geo20 graphically underserved States. 

21 ‘‘(d) USE OF FUNDS; REQUIREMENTS.—An institu22 tion of higher education or consortium receiving a grant 

23 under this section shall— 


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1 ‘‘(1) use the grant funds to establish an inclu2 sive higher education program for students with in3 tellectual disabilities that— 

4 ‘‘(A) serves students with intellectual dis5 abilities; 

6 ‘‘(B) provides individual supports and serv7 ices for the academic and social inclusion of 

8 students with intellectual disabilities in aca9 demic courses, extracurricular activities, and 

10 other aspects of the regular postsecondary pro11 gram; 

12 ‘‘(C) with respect to the students with in13 tellectual disabilities participating in the pro14 gram, provides a focus on— 

15 ‘‘(i) academic and career development; 

16 ‘‘(ii) socialization and inclusion with 

17 the general student population; 

18 ‘‘(iii) independent living skills, includ19 ing self-advocacy skills; and 

20 ‘‘(iv) integrated work experiences and 

21 career skills that lead to competitive inte22 grated employment; 

23 ‘‘(D) integrates person-centered planning 

24 in the development of the course of study for 


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1 each student with an intellectual disability par2 ticipating in the program; 

3 ‘‘(E) plans for the sustainability of the 

4 program after the end of the grant period, with 

5 a written business plan for revenue and expend6 itures to be provided to the Department by the 

7 end of year 3; and 

8 ‘‘(F) awards a degree, certificate, or recog9 nized postsecondary credential for students with 

10 intellectual disabilities upon the completion of 

11 the program; 

12 ‘‘(2) in the case of an institution of higher edu13 cation that provides institutionally owned or oper14 ated housing for students attending the institution 

15 or integrated housing through providing supports to 

16 students directly or through partnerships with other 

17 organizations, provide for the integration of students 

18 with intellectual disabilities into housing offered to 

19 students without disabilities; 

20 ‘‘(3) participate with the coordinating center es21 tablished under section 777(b) in the evaluation of 

22 the program, including by regularly submitting data 

23 on experiences and outcomes of individual students 

24 participating in the program; and 


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1 ‘‘(4) partner with one or more local educational 

2 agencies to support students with intellectual disabil3 ities participating in the program who are eligible 

4 for special education and related services under the 

5 Individuals with Disabilities Education Act (20 

6 U.S.C. 1400 et seq.), including the use of funds 

7 available under part B of such Act (20 U.S.C. 1411 

8 et seq.) to support the participation of such students 

9 in the program. 

10 ‘‘(e) MATCHING REQUIREMENT.—An institution of 

11 higher education (or consortium) that receives a grant 

12 under this section shall provide matching funds toward the 

13 cost of the inclusive higher education program for students 

14 with intellectual disabilities carried out under the grant. 

15 Such matching funds may be provided in cash or in-kind, 

16 and shall be in an amount of not less than 25 percent 

17 of the amount of such costs. 

18 ‘‘(f) DATA COLLECTION AND TRANSMISSION.— 

19 ‘‘(1) IN GENERAL.—An institution or consor20 tium receiving a grant under this section shall col21 lect and transmit to the coordinating center estab22 lished under section 777(b) on an annual basis for 

23 each student who is enrolled in the program, stu24 dent-level information related to the experiences and 

25 outcomes of students who participate in the inclusive 


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1 higher education program for students with intellec2 tual disabilities. 

3 ‘‘(2) LONGITUDINAL DATA.—Each grantee shall 

4 collect longitudinal outcome data from each student 

5 participating in the program and transmit such data 

6 to the coordinating center established under section 

7 777(b). Such longitudinal data shall be collected for 

8 every student each year for 5 years after the student 

9 graduates from, or otherwise exits, the program. 

10 ‘‘(3) DATA TO BE COLLECTED.—The program11 level information and data and student-level infor12 mation and data to be collected under this sub13 section shall include— 

14 ‘‘(A) the number and type of postsec15 ondary education courses taken and completed 

16 by the student; 

17 ‘‘(B) academic outcomes; 

18 ‘‘(C) competitive, integrated employment 

19 outcomes; 

20 ‘‘(D) independent living outcomes; and 

21 ‘‘(E) social outcomes. 

22 ‘‘(g) REPORT.—Not later than 5 years after the date 

23 of the first grant awarded under this section, the Sec24 retary shall prepare and disseminate a report to the au25 thorizing committees and to the public that— 


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1 ‘‘(1) reviews the activities of the inclusive high2 er education programs for students with intellectual 

3 disabilities funded under this section; and 

4 ‘‘(2) provides guidance and recommendations 

5 on how effective programs can be replicated.’’. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 769(a) of the Higher Education Act of 1965 (20 U.S.C. 

8 1140i) is amended by striking ‘‘2009’’ and inserting 

9 ‘‘2019’’. 

10 SEC. 105. NATIONAL TECHNICAL ASSISTANCE CENTER AND 

11 NATIONAL COORDINATING CENTER FOR IN12 CLUSION OF STUDENTS WITH INTELLECTUAL 

13 DISABILITIES. 

14 (a) IN GENERAL.—Section 777 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1140q) is amended to read 

16 as follows: 

17 ‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER 

18 AND COORDINATING CENTER FOR INCLU19 SION OF STUDENTS WITH INTELLECTUAL 

20 DISABILITIES. 

21 ‘‘(a) NATIONAL TECHNICAL ASSISTANCE CENTER.— 

22 ‘‘(1) IN GENERAL.—From amounts appro23 priated under paragraph (5), the Secretary shall 

24 award a grant to, or enter into a contract or cooper25 ative agreement with, an eligible entity to provide 


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1 for the establishment and support of a National 

2 Technical Assistance Center. The National Technical 

3 Assistance Center shall carry out the duties set forth 

4 in paragraph (4). 

5 ‘‘(2) ADMINISTRATION.—The program under 

6 this section shall be administered by the office in the 

7 Department that administers other postsecondary 

8 education programs in consultation with the Office 

9 of Special Education and Rehabilitative Services. 

10 ‘‘(3) ELIGIBLE ENTITY.—In this subpart, the 

11 term ‘eligible entity’ means an institution of higher 

12 education, a nonprofit organization, or partnership 

13 of two or more such institutions or organizations, 

14 with demonstrated expertise in— 

15 ‘‘(A) transitioning students with disabil16 ities from secondary school to postsecondary 

17 education; 

18 ‘‘(B) supporting students with disabilities 

19 in postsecondary education; 

20 ‘‘(C) technical knowledge necessary for the 

21 dissemination of information in accessible for22 mats; and 

23 ‘‘(D) working with diverse types of institu24 tions of higher education, including community 

25 colleges. 


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1 ‘‘(4) DUTIES.—The duties of the National 

2 Technical Assistance Center shall include the fol3 lowing: 

4 ‘‘(A) ASSISTANCE TO STUDENTS AND FAM5 ILIES.—The National Technical Assistance 

6 Center shall provide information and technical 

7 assistance to students with disabilities and the 

8 families of students with disabilities to support 

9 students across the broad spectrum of disabil10 ities, including— 

11 ‘‘(i) information to assist individuals 

12 with disabilities who are prospective stu13 dents of an institution of higher education 

14 in planning for postsecondary education 

15 while the students are in secondary school; 

16 ‘‘(ii) information and technical assist17 ance provided to individualized education 

18 program teams (as defined in section 

19 614(d)(1) of the Individuals with Disabil20 ities Education Act) for secondary school 

21 students with disabilities, and to early out22 reach and student services programs, in23 cluding programs authorized under sub24 parts 2, 4, and 5 of part A of title IV, to 

25 support students across a broad spectrum 


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1 of disabilities with the successful transition 

2 to postsecondary education; 

3 ‘‘(iii) research-based supports, serv4 ices, and accommodations which are avail5 able in postsecondary settings, including 

6 services provided by other agencies such as 

7 vocational rehabilitation; 

8 ‘‘(iv) information on student men9 toring and networking opportunities for 

10 students with disabilities; and 

11 ‘‘(v) effective recruitment and transi12 tion programs at postsecondary edu13 cational institutions. 

14 ‘‘(B) ASSISTANCE TO INSTITUTIONS OF

15 HIGHER EDUCATION.—The National Technical 

16 Assistance Center shall provide information and 

17 technical assistance to faculty, staff, and ad18 ministrators of institutions of higher education 

19 to improve the services provided to, the accom20 modations for, the retention rates of, and the 

21 completion rates of, students with disabilities in 

22 higher education settings, which may include— 

23 ‘‘(i) collection and dissemination of 

24 best and promising practices and materials 

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1 dents with disabilities, including practices 

2 and materials supported by the grants, 

3 contracts, or cooperative agreements au4 thorized under subparts 1, 2, and 3; 

5 ‘‘(ii) development and provision of 

6 training modules for higher education fac7 ulty on exemplary practices for accommo8 dating and supporting postsecondary stu9 dents with disabilities across a range of 

10 academic fields, which may include uni11 versal design for learning and practices 

12 supported by the grants, contracts, or co13 operative agreements authorized under 

14 subparts 1, 2, and 3; and 

15 ‘‘(iii) development of technology-based 

16 tutorials for higher education faculty and 

17 staff, including new faculty and graduate 

18 students, on best and promising practices 

19 related to support and retention of stu20 dents with disabilities in postsecondary 

21 education. 

22 ‘‘(C) INFORMATION COLLECTION AND DIS23 SEMINATION.—The National Technical Assist24 ance Center shall be responsible for building, 

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1 ability support services information with respect 

2 to institutions of higher education, or for ex3 panding and updating an existing database of 

4 disabilities support services information with re5 spect to institutions of higher education. Such 

6 database shall be available to the general public 

7 through a website built to high technical stand8 ards of accessibility practicable for the broad 

9 spectrum of individuals with disabilities. Such 

10 database and website shall include available in11 formation on— 

12 ‘‘(i) disability documentation require13 ments; 

14 ‘‘(ii) support services available; 

15 ‘‘(iii) links to financial aid; 

16 ‘‘(iv) accommodations policies; 

17 ‘‘(v) accessible instructional materials; 

18 ‘‘(vi) other topics relevant to students 

19 with disabilities; and 

20 ‘‘(vii) the information in the report 

21 described in subparagraph (E). 

22 ‘‘(D) DISABILITY SUPPORT SERVICES.— 

23 The National Technical Assistance Center shall 

24 work with organizations and individuals with 

25 proven expertise related to disability support 


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1 services for postsecondary students with disabil2 ities to evaluate, improve, and disseminate in3 formation related to the delivery of high quality 

4 disability support services at institutions of 

5 higher education. 

6 ‘‘(E) REVIEW AND REPORT.—Not later 

7 than three years after the establishment of the 

8 National Technical Assistance Center, and 

9 every two years thereafter, the National Tech10 nical Assistance Center shall prepare and dis11 seminate a report to the Secretary and the au12 thorizing committees analyzing the condition of 

13 postsecondary success for students with disabil14 ities. Such report shall include— 

15 ‘‘(i) a review of the activities and the 

16 effectiveness of the programs authorized 

17 under this part; 

18 ‘‘(ii) annual enrollment and gradua19 tion rates of students with disabilities in 

20 institutions of higher education from pub21 licly reported data; 

22 ‘‘(iii) recommendations for effective 

23 postsecondary supports and services for 

24 students with disabilities, and how such 


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1 supports and services may be widely imple2 mented at institutions of higher education; 

3 ‘‘(iv) recommendations on reducing 

4 barriers to full participation for students 

5 with disabilities in higher education; and 

6 ‘‘(v) a description of strategies with a 

7 demonstrated record of effectiveness in im8 proving the success of such students in 

9 postsecondary education. 

10 ‘‘(F) STAFFING OF THE CENTER.—In hir11 ing employees of the National Technical Assist12 ance Center, the National Technical Assistance 

13 Center shall consider the expertise and experi14 ence of prospective employees in providing 

15 training and technical assistance to practi16 tioners. 

17 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $10,000,000. 

20 ‘‘(b) THE NATIONAL COORDINATING CENTER FOR

21 INCLUSION OF STUDENTS WITH INTELLECTUAL DISABIL22 ITIES.— 

23 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

24 this subsection, the term ‘eligible entity’ means an 


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1 entity, or a partnership of entities, that has dem2 onstrated expertise in the fields of— 

3 ‘‘(A) higher education; 

4 ‘‘(B) the education of students with intel5 lectual disabilities; 

6 ‘‘(C) the development of inclusive higher 

7 education programs for students with intellec8 tual disabilities; and 

9 ‘‘(D) evaluation and technical assistance. 

10 ‘‘(2) IN GENERAL.—From amounts appro11 priated under paragraph (7), the Secretary shall 

12 enter into a cooperative agreement, on a competitive 

13 basis, with an eligible entity for the purpose of es14 tablishing a coordinating center for institutions of 

15 higher education that offer inclusive higher edu16 cation programs for students with intellectual dis17 abilities, including institutions participating in 

18 grants authorized under subpart 2 to provide— 

19 ‘‘(A) recommendations related to the devel20 opment of standards for such programs; 

21 ‘‘(B) technical assistance for such pro22 grams; and 

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1 periences and outcomes of individuals with in2 tellectual disabilities. 

3 ‘‘(3) ADMINISTRATION.—The program under 

4 this subsection shall be administered by the Office of 

5 Postsecondary Education, in collaboration with the 

6 Office of Special Education and Rehabilitative Serv7 ices. 

8 ‘‘(4) DURATION.—The Secretary shall enter 

9 into a cooperative agreement under this subsection 

10 for a period of five years. 

11 ‘‘(5) REQUIREMENTS OF COOPERATIVE AGREE12 MENT.—The eligible entity entering into a coopera13 tive agreement under this subsection shall establish 

14 and maintain a coordinating center that shall— 

15 ‘‘(A) serve as the technical assistance enti16 ty for all inclusive higher education programs 

17 and comprehensive transition and postsec18 ondary programs for students with intellectual 

19 disabilities; 

20 ‘‘(B) provide technical assistance regarding 

21 the development, evaluation, and continuous im22 provement of such programs; 

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1 demic access, academic enrichment, socializa2 tion, competitive integrated employment, attain3 ment of a degree, certificate, or recognized 

4 postsecondary credential, and independent liv5 ing; 

6 ‘‘(D) evaluate participant progress by cre7 ating and maintaining a database of student8 level information and data related to the experi9 ences and outcomes of youth who participate in 

10 each inclusive higher education program that 

11 receives a grant under this subpart; 

12 ‘‘(E) create and maintain a mechanism for 

13 continuing to collect outcome information from 

14 students who participated in inclusive higher 

15 education programs that were developed in pre16 vious grant award cycles; 

17 ‘‘(F) assist recipients of a grant under this 

18 subpart in efforts to award a meaningful cre19 dential and to seek institution of higher edu20 cation approval for any newly developed creden21 tials; 

22 ‘‘(G) create and maintain a database of 

23 student and program level data reflecting imple24 mentation of the inclusive higher education pro25 gram that receives a grant under this subpart; 


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1 ‘‘(H) create and maintain a mechanism to 

2 consolidate follow up data on student outcomes 

3 collected by inclusive higher education programs 

4 funded through previous grant cycles; 

5 ‘‘(I) assist recipients of grants under sub6 part 2 in efforts to award a degree, certificate, 

7 or recognized postsecondary credential to stu8 dents with intellectual disabilities upon the 

9 completion of such programs; 

10 ‘‘(J) identify model memoranda of agree11 ment for use between or among institutions of 

12 higher education and State and local agencies 

13 providing funding for such programs; 

14 ‘‘(K) develop recommendations for the nec15 essary components of such programs, such as— 

16 ‘‘(i) academic, career and technical, 

17 social, and independent living skills; 

18 ‘‘(ii) evaluation of student progress; 

19 ‘‘(iii) program administration and 

20 evaluation; 

21 ‘‘(iv) student eligibility; 

22 ‘‘(v) issues regarding the equivalency 

23 of a student’s participation in such pro24 grams to semester, trimester, quarter, 


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1 credit, or clock hours at an institution of 

2 higher education, as the case may be; and 

3 ‘‘(vi) access to student housing for 

4 students participating in the inclusive 

5 higher education programs, including ac6 commodations and services that support 

7 independent living; 

8 ‘‘(L) review and analyze— 

9 ‘‘(i) the impact of Federal and State 

10 legislation on inclusive higher education 

11 and inclusive higher education policy; and 

12 ‘‘(ii) funding streams for such pro13 grams; 

14 ‘‘(M) provide recommendations regarding 

15 the funding streams described in subparagraph 

16 (H)(ii); 

17 ‘‘(N) develop mechanisms for regular com18 munication, outreach and dissemination of in19 formation about inclusive higher education pro20 grams for students with intellectual disabilities 

21 under subpart 2 between or among such pro22 grams and to families and prospective students; 

23 ‘‘(O) host a meeting of all recipients of 

24 grants under subpart 2 not less often than once 

25 each year; and 


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1 ‘‘(P) convene a work group to continue the 

2 development of and recommendations for model 

3 criteria, standards, and components of inclusive 

4 higher education programs and comprehensive 

5 transition and postsecondary programs for stu6 dents with intellectual disabilities, that are ap7 propriate for the development of accreditation 

8 standards— 

9 ‘‘(i) which work group shall include— 

10 ‘‘(I) an expert in community col11 lege education; 

12 ‘‘(II) an expert in career tech13 nical education; 

14 ‘‘(III) an expert in 4-year institu15 tions of higher education; 

16 ‘‘(IV) an expert in special edu17 cation; 

18 ‘‘(V) a disability organization 

19 that represents students with intellec20 tual disabilities; 

21 ‘‘(VI) a representative from the 

22 National Advisory Committee on In23 stitutional Quality and Integrity; and 


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1 ‘‘(VII) a representative of a re2 gional or national accreditation agen3 cy or association; and 

4 ‘‘(ii) the work group will carry out the 

5 following activities: 

6 ‘‘(I) Conduct outreach to accred7 iting agencies. 

8 ‘‘(II) Develop a technical guid9 ance document to support implemen10 tation of the model standards. 

11 ‘‘(III) Develop and conduct a 

12 protocol for field testing and imple13 menting the model standards. 

14 ‘‘(IV) Update recommendations 

15 for the model standards, criteria, and 

16 components of such programs, as ap17 plicable. 

18 ‘‘(6) REPORT.—Not later than 5 years after the 

19 date of the establishment of the coordinating center 

20 under this subsection, the coordinating center shall 

21 report to the Secretary, the authorizing committees, 

22 and the National Advisory Committee on Institu23 tional Quality and Integrity on the activities de24 scribed in paragraph (5). 


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1 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this subpart such sums as may be necessary for fis4 cal year 2019 and each of the five succeeding fiscal 

5 years.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 778 of the Higher Education Act of 1965 is repealed. 

8 SEC. 106. DEFINITIONS. 

9 Section 760 of the Higher Education Act of 1965 (20 

10 U.S.C. 1140) is amended to read as follows: 

11 ‘‘SEC. 760. DEFINITIONS. 

12 ‘‘In this part: 

13 ‘‘(1) COMPREHENSIVE TRANSITION AND POST14 SECONDARY PROGRAM FOR STUDENTS WITH INTEL15 LECTUAL DISABILITIES.—The term ‘comprehensive 

16 transition and postsecondary program for students 

17 with intellectual disabilities’ means a program that 

18 leads to a degree, certificate, or recognized postsec19 ondary credential issued by an institution of higher 

20 education that meets each of the following require21 ments: 

22 ‘‘(A) Is offered by an institution of higher 

23 education. 

24 ‘‘(B) Is designed to support students with 

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1 tinue academic, career and technical, and inde2 pendent living instruction at an institution of 

3 higher education in order to prepare for com4 petitive integrated employment. 

5 ‘‘(C) Includes student advising and a pro6 gram of study. 

7 ‘‘(D) Requires students with intellectual 

8 disabilities to participate on not less than a 

9 half-time basis as determined by the institution, 

10 with such participation focusing on academic 

11 and career development components and occur12 ring through one or more of the following ac13 tivities: 

14 ‘‘(i) Regular enrollment in credit-bear15 ing courses with students without disabil16 ities that are offered by the institution. 

17 ‘‘(ii) Auditing or participating in 

18 courses with students without disabilities 

19 that are offered by the institution and for 

20 which the student does not receive regular 

21 academic credit. 

22 ‘‘(iii) Enrollment in noncredit-bearing, 

23 nondegree courses with students without 

24 disabilities. 


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1 ‘‘(iv) Participation in internships, ap2 prenticeships, or work-based experiences in 

3 competitive integrated settings for a se4 mester, or multiple semesters. 

5 ‘‘(E) Requires students with intellectual 

6 disabilities to be socially and academically inte7 grated with students without disabilities to the 

8 maximum extent practicable. 

9 ‘‘(F) Does not require the work compo10 nents (ii) to occur each semester. 

11 ‘‘(2) DISABILITY.—The term ‘disability’ has the 

12 meaning given such term in section 3 of the Ameri13 cans with Disabilities Act of 1990 (42 U.S.C. 

14 12102). 

15 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

16 The term ‘institution of higher education’ has the 

17 meaning given such term in section 101. 

18 ‘‘(4) OFFICE OF ACCESSIBILITY.—The term 

19 ‘Office of Accessibility’ has the meaning given to the 

20 office of disability services of the institution or 

21 equivalent office. 

22 ‘‘(5) RECOGNIZED POSTSECONDARY CREDEN23 TIAL.—The term ‘recognized postsecondary creden24 tial’ has the meaning given the term in section 101 

25 of the Workforce Innovation and Opportunity Act. 


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1 ‘‘(6) STUDENT WITH AN INTELLECTUAL DIS2 ABILITY.—The term ‘student with an intellectual 

3 disability’ means a student— 

4 ‘‘(A) with a cognitive impairment, charac5 terized by significant limitations in— 

6 ‘‘(i) intellectual and cognitive func7 tioning; and 

8 ‘‘(ii) adaptive behavior as expressed in 

9 conceptual, social, and practical adaptive 

10 skills; 

11 ‘‘(B) who is currently, or was formerly, eli12 gible for a free appropriate public education 

13 under the Individuals with Disabilities Edu14 cation Act (20 U.S.C. 1400 et seq.); and 

15 ‘‘(C) or, in the case of a student who has 

16 not currently or formerly been found eligible for 

17 a free appropriate education under the Individ18 uals with Disabilities Education Act (20 U.S.C. 

19 1400 et seq.), or a student who has not pre20 viously been found eligible as a student with an 

21 intellectual disability under such Act, docu22 mentation establishing that the student has an 

23 intellectual disability, such as— 

24 ‘‘(i) a documented comprehensive and 

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1 tion and diagnosis of an intellectual dis2 ability by a psychologist or other qualified 

3 professional; or 

4 ‘‘(ii) a record of the disability from a 

5 local or State educational agency, or gov6 ernment agency, such as the Social Secu7 rity Administration or a vocational reha8 bilitation agency, that identifies the intel9 lectual disability. 

10 ‘‘(7) UNIVERSAL DESIGN FOR LEARNING.—The 

11 term ‘universal design for learning’ means a scientif12 ically valid framework for guiding educational prac13 tice that— 

14 ‘‘(A) provides flexibility in the ways infor15 mation is presented, in the ways students re16 spond or demonstrate knowledge and skills, and 

17 in the ways students are engaged; and 

18 ‘‘(B) reduces barriers in instruction, pro19 vides appropriate accommodations, supports, 

20 and challenges and maintains high achievement 

21 expectations for all students, including students 

22 with disabilities and students who are limited 

23 English proficient.’’. 


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1 TITLE II—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 201. SUBMISSION OF DATA WITH RESPECT TO STU4 DENTS WITH DISABILITIES. 

5 Section 487(a) of the Higher Education Act of 1965 

6 (20 U.S.C. 1094(a)), is amended by adding at the end 

7 the following: 

8 ‘‘(30) The institution will submit, for inclusion 

9 in the Integrated Postsecondary Education Data 

10 System of the Department or any other Federal 

11 postsecondary institution data collection effort, key 

12 data related to undergraduate and graduate stu13 dents enrolled at the institution who are formally 

14 registered as students with disabilities with the insti15 tution’s office of accessibility, including the total 

16 number of students with disabilities enrolled, the 

17 number of students accessing or receiving accommo18 dation, the percentage of students with disabilities of 

19 all undergraduate students, and the total number of 

20 undergraduate certificates or degrees awarded to 

21 students with disabilities. An institution shall not be 

22 required to submit the information described in the 

23 preceding sentence if the number of such students 

24 would reveal personally identifiable information 

25 about an individual student.’’. 


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1 SEC. 202. TRAINING FOR REALTIME WRITERS TO PROVIDE 

2 CLOSED CAPTIONING AND COURT REPORT3 ING SERVICES. 

4 Section 872(e) of the Higher Education Act of 1965 

5 (20 U.S.C. 1161s(e)) is amended by striking ‘‘2009’’ and 

6 inserting ‘‘2019’’. 

7 SEC. 203. PERFECTING AMENDMENT. 

8 Section 103(6) of the Higher Education Act of 1965 

9 (20 U.S.C. 1003(6)) is amended by striking ‘‘section 

10 3(2)’’ and inserting ‘‘section 3’’. 

Æ 


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