Safe Equitable Campus Resources and Education Act of 2023

Subjects: Education


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1070

To address the needs of individuals with disabilities within the Jeanne 
Clery Disclosure of Campus Security Policy and Campus Crime Statistics 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

  Mr. Casey (for himself, Ms. Hassan, Mr. Murphy, Ms. Klobuchar, Mr. 
   Sanders, Ms. Smith, Ms. Warren, Ms. Duckworth, Mrs. Shaheen, Mr. 
 Blumenthal, Ms. Hirono, and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To address the needs of individuals with disabilities within the Jeanne 
Clery Disclosure of Campus Security Policy and Campus Crime Statistics 
                                  Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Equitable Campus Resources and 
Education Act of 2023''.

SEC. 2. AMENDMENTS TO THE CLERY ACT.

    (a) In General.--Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``in an accessible format'' after ``an annual 
                security report'';
                    (B) in subparagraph (F)(ii), by inserting ``and of 
                the crimes described in clause (iii), and'' after 
                ``clause (i)''; and
                    (C) in subparagraph (J)--
                            (i) in clause (ii), by striking ``and'' 
                        after the semicolon;
                            (ii) by redesignating clause (iii) as 
                        clause (iv); and
                            (iii) by inserting after clause (ii) the 
                        following:
                            ``(iii) ensure that such emergency response 
                        and evacuation procedures take into account the 
                        needs of students and staff with disabilities; 
                        and'';
            (2) by redesignating paragraphs (2) through (18) as 
        paragraphs (3) through (19), respectively;
            (3) by inserting after paragraph (1) the following:
    ``(2) All reports, materials and information provided in accordance 
with this subsection shall be available free of charge, in a timely 
manner, and in accessible formats for individuals with disabilities, 
including those individuals who are blind or deaf or have cognitive, 
intellectual, or communication disabilities.'';
            (4) in paragraph (7)(A), as redesignated by paragraph (2)--
                    (A) by redesignating clauses (iii) through (v) as 
                clauses (iv) through (vi), respectively; and
                    (B) by inserting after clause (ii) the following:
            ``(iii) The term `disability' has the meaning given such 
        term in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102).''; and
            (5) in paragraph (9), as redesignated by paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) in subclause (I)--
                                            (aa) in item (ee), by 
                                        striking ``and'' after the 
                                        semicolon and inserting ``, 
                                        including abusive behavior and 
                                        attacks targeting individuals 
                                        with disabilities; and''; and
                                            (bb) in item (ff), by 
                                        striking ``(vii); and'' and 
                                        inserting ``(viii);''
                                    (II) in subclause (II), by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (III) by adding at the end the 
                                following:
                    ``(III) an assurance that all prevention and 
                awareness programs and materials are accessible to, and 
                inclusive of the needs of, individuals with 
                disabilities, including those who are deaf or blind or 
                have cognitive, intellectual, or communication 
                disabilities; and
                    ``(IV) an assurance that campus security personnel 
                and other individuals responsible for the provision of 
                information or resources under this subsection receive 
                training about working with individuals with 
                disabilities.'';
                            (ii) in the matter preceding subclause (I) 
                        of clause (iii), by inserting ``and in such 
                        formats as are necessary to ensure their 
                        accessibility to individuals with 
                        disabilities,'' after ``writing'';
                            (iii) in clause (iv)--
                                    (I) in subclause (I)--
                                            (aa) in item (aa), by 
                                        striking ``and'' after the 
                                        semicolon; and
                                            (bb) by inserting after 
                                        item (bb) the following:
                            ``(cc) be conducted by officials who 
                        receive annual training on how to conduct an 
                        investigation and hearing process with an 
                        accuser or an accused who has a disability, 
                        including individuals who are blind or deaf or 
                        have cognitive, intellectual, or communication 
                        disabilities; and
                            ``(dd) be accessible to individuals with 
                        disabilities, including individuals who are 
                        blind, deaf, or have cognitive, intellectual, 
                        or communication disabilities;'';
                                    (II) in subclause (II)--
                                            (aa) by striking ``the 
                                        accuser'' and inserting ``with 
                                        respect to such proceedings--
                            ``(aa) the accuser''; and
                                            (bb) by inserting after 
                                        item (aa), as added by item 
                                        (aa), the following:
                            ``(bb) an accuser or an accused with a 
                        disability who discloses such disability is 
                        also entitled to be accompanied to any such 
                        meeting or proceeding by an interpreter, 
                        transliterator, or other individual providing 
                        communication assistance services, provided by 
                        the institution in accordance with section 504 
                        of the Rehabilitation Act of 1973 (29 U.S.C. 
                        794) and the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.), to ensure the 
                        accuser or accused's ability to fully 
                        participate; and
                            ``(cc) the accuser and the accused are 
                        entitled to the same opportunities to request 
                        accommodations related to their disabilities; 
                        and''; and
                                    (III) in subclause (III), in the 
                                matter preceding item (aa), by 
                                inserting ``and in such accessible 
                                format as is required in the case of an 
                                accuser or an accused individual with a 
                                disability'' following ``shall be 
                                simultaneously informed, in writing''; 
                                and
                            (iv) by adding after clause (vii) the 
                        following:
            ``(viii) Information about the accommodations available to 
        individuals with disabilities with respect to such programs and 
        procedures, how individuals with disabilities may request such 
        accommodations, and an assurance that such accommodations will 
        be provided in a timely manner such that access to programs and 
        the timing of procedures under this subparagraph shall not be 
        substantially impeded.'';
                    (B) in subparagraph (C), by striking ``(vii)'' and 
                inserting ``(viii)''; and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) All materials, websites, and other forms of 
                communication associated with the policy described in 
                subparagraph (A) shall be provided in accessible 
                formats for individuals with disabilities, including 
                those individuals who are deaf, blind, or have 
                cognitive, intellectual, or communication disabilities. 
                Provision of such accessible formats shall be timely 
                and shall include procedures for addressing problems 
                and failures of any accessibility technology 
                involved.''.
    (b) Technical Correction.--Section 120(a)(2)(B)(i) of the Higher 
Education Act of 1965 (20 U.S.C. 1011i(a)(2)(B)(i)) is amended by 
striking ``485(f)(6)'' and inserting ``485(f)(7)''.
                                 &lt;all&gt;
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