I 
117TH CONGRESS 
2D SESSION 
H. R. 9468 
To amend the Higher Education Act of 1965 to improve accessibility to, 
and completion of, postsecondary education for students, including stu-
dents with disabilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2022 
Mr. DESAULNIER 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 edu-
cation for students, including students with disabilities, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving Access to Higher Education Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 pro-
viding 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. 
TITLE I—PROGRAMS TO PRO-
VIDE STUDENTS WITH DIS-
ABILITIES WITH A QUALITY 
HIGHER EDUCATION 
SEC. 101. SUPPORTING POSTSECONDARY FACULTY, STAFF, 
AND ADMINISTRATORS IN PROVIDING ACCES-
SIBLE EDUCATION. 
(a) GRANTS.—Section 762 of the Higher Education 
Act of 1965 (20 U.S.C. 1140b) is amended to read as 
follows: 
‘‘SEC. 762. GRANTS AUTHORIZED. 
‘‘(a) COMPETITIVE GRANTS AUTHORIZED TO SUP-
PORT POSTSECONDARY FACULTY, STAFF, AND ADMINIS-
TRATORS IN PROVIDING AN ACCESSIBLE EDUCATION.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 765C, the Secretary shall 
award grants, on a competitive basis, to institutions 
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of higher education to enable the institutions to 
carry out the activities under subsection (b). 
‘‘(2) AWARDS
FOR
PROFESSIONAL
DEVELOP-
MENT AND TECHNICAL ASSISTANCE.—Not less than 
5 grants shall be awarded to institutions of higher 
education that provide professional development and 
technical assistance in order to improve access to, 
and completion of, postsecondary education for stu-
dents, including students with disabilities. 
‘‘(b) DURATION; ACTIVITIES.— 
‘‘(1) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(2) 
AUTHORIZED
ACTIVITIES.—A 
grant 
awarded under this section shall be used to carry 
out one or more of the following activities: 
‘‘(A) TEACHING
METHODS
AND
STRATE-
GIES.—The development and implementation of 
training to provide innovative, effective, and evi-
dence-based teaching methods and strategies, 
consistent with the principles of universal de-
sign for learning, to provide postsecondary fac-
ulty, staff, and administrators with the skills 
and supports necessary to teach and meet the 
academic and programmatic needs of students 
(including students with disabilities) in order to 
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improve the retention of such students in, and 
the completion by such students of, postsec-
ondary education. Such methods and strategies 
may include in-service training, professional de-
velopment, customized and general technical as-
sistance, workshops, summer institutes, dis-
tance learning, and training in the use of assist-
ive and educational technology. 
‘‘(B) IMPLEMENTING ACCOMMODATIONS.— 
The development and implementation of train-
ing to provide postsecondary faculty, staff, and 
administrators methods and strategies of pro-
viding appropriate accommodations consistent 
with the principles of universal design (as de-
fined in section 103) for learning for students 
with disabilities, including descriptions of legal 
obligations of the institution of higher edu-
cation to provide such accommodations. 
‘‘(C) 
EFFECTIVE
TRANSITION
PRAC-
TICES.—The development and implementation 
of innovative, effective, and evidence-based 
teaching methods and strategies to provide 
postsecondary faculty, staff, and administrators 
with the skills and supports necessary to ensure 
the successful and smooth transition of stu-
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dents with disabilities from secondary school to 
postsecondary education. The teaching methods 
and strategies may include supporting students 
in the development of self-advocacy skills to im-
prove transition to, and completion of, postsec-
ondary education. 
‘‘(D) DISTANCE LEARNING.—The develop-
ment and implementation of training to provide 
innovative, effective, and evidence-based teach-
ing methods and strategies to enable postsec-
ondary faculty, staff, and administrators to pro-
vide accessible distance education programs or 
classes that would enhance the access of stu-
dents (including students with disabilities) to 
postsecondary education, including the use of 
accessible curricula and electronic communica-
tion for instruction and advising that meet the 
requirements of section 508 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794d). 
‘‘(E) CAREER PATHWAY GUIDANCE.—The 
development and implementation of effective 
and evidence-based teaching methods and strat-
egies to provide postsecondary faculty, staff, 
and administrators with the ability to advise 
students with disabilities with respect to their 
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chosen career pathway, which shall include at 
least one of the following: 
‘‘(i) Supporting internships, appren-
ticeships registered under the Act of Au-
gust 16, 1937 (commonly known as the 
‘National Apprenticeship Act’; 50 Stat. 
664, chapter 663; 29 U.S.C. 50 et seq.), or 
work-based learning opportunities. 
‘‘(ii) Counseling on coursework to 
meet the degree, certificate, or recognized 
postsecondary credential appropriate for 
the field chosen. 
‘‘(iii) Developing self-advocacy skills 
to advocate for appropriate accommoda-
tions once in the workplace. 
‘‘(iv) Support with selecting a career 
pathway that leads to competitive, inte-
grated employment. 
‘‘(3) MANDATORY EVALUATION AND DISSEMI-
NATION.—An institution of higher education award-
ed a grant under this section shall evaluate and dis-
seminate to other institutions of higher education 
the information obtained through the activities de-
scribed in subparagraphs (A) through (E) of para-
graph (2). 
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‘‘(c) CONSIDERATIONS
IN MAKING AWARDS.—In 
awarding grants under this section, the Secretary shall 
consider the following: 
‘‘(1) GEOGRAPHIC
DISTRIBUTION.—Providing 
an equitable geographic distribution of such awards. 
‘‘(2) RURAL AND URBAN AREAS.—Distributing 
such awards to urban and rural areas. 
‘‘(3) RANGE AND TYPE OF INSTITUTION.—En-
suring that the activities to be assisted are developed 
for a range of types and sizes of institutions of high-
er education. 
‘‘(d) REPORTS.— 
‘‘(1) INITIAL REPORT.—Not later than one year 
after the date of enactment of this Act, the Sec-
retary shall prepare and submit to the authorizing 
committees, and make available to the public, a re-
port on all projects awarded grants under this part, 
including a review of the activities and program per-
formance of such projects based on existing informa-
tion as of the date of the report. 
‘‘(2) SUBSEQUENT
REPORT.—Not later than 
five years after the date of the first award of a grant 
under this section after the date of the Improving 
Access to Higher Education Act, the Secretary shall 
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prepare and submit to the authorizing committees, 
and make available to the public, a report that— 
‘‘(A) reviews the activities and program 
performance of the projects authorized under 
subsection (b); and 
‘‘(B) provides guidance and recommenda-
tions on how effective projects can be rep-
licated.’’. 
(b) APPLICATIONS.—Section 763 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1140c) is amended to read 
as follows: 
‘‘SEC. 763. APPLICATIONS. 
‘‘Each institution of higher education desiring to re-
ceive a grant under section 762 shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require. Each application shall include— 
‘‘(1) a description of the activities authorized 
under section 762(b) that the institution proposes to 
carry out, and how such institution plans to conduct 
such activities in order to further the purposes of 
this subpart; 
‘‘(2) a description of how the institution con-
sulted with a broad range of people, including indi-
viduals with expertise in disability supports or spe-
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cial education, within the institution to develop ac-
tivities for which assistance is sought; 
‘‘(3) a description of how the institution will co-
ordinate and collaborate with the office of accessi-
bility; and 
‘‘(4) a description of the extent to which the in-
stitution will work to replicate the research-based 
and best practices of institutions of higher education 
with demonstrated effectiveness in serving students 
with disabilities.’’. 
SEC. 102. OFFICE OF ACCESSIBILITY. 
Subpart 1 of part D of title VII of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1140a et seq.) is amend-
ed— 
(1) by redesignating section 765 as section 
765C; 
(2) by inserting after section 764 the following: 
‘‘SEC. 765A. OFFICE OF ACCESSIBILITY. 
‘‘(a) ESTABLISHMENT.—Each institution of higher 
education shall establish an office of accessibility to de-
velop and implement policies to support students who 
enter postsecondary education with disabilities and stu-
dents who acquire a disability while enrolled in an institu-
tion of higher education. 
‘‘(b) DUTIES.—Each office of accessibility shall— 
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‘‘(1) inform students, during student orienta-
tion, about services provided at the institution of 
higher education, and continually update such infor-
mation through the accessibility office’s website and 
other communications to improve accessibility of 
such services; 
‘‘(2) provide information to students regarding 
accommodations and modifications provided by the 
institution of higher education with respect to in-
ternships, practicums, work-based learning, appren-
ticeships registered under the Act of August 16, 
1937 (commonly known as the ‘National Apprentice-
ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
et seq.), or other work-related environments that— 
‘‘(A) the student may engage in through 
courses; or 
‘‘(B) are necessary for completion of a de-
gree, certificate, or recognized postsecondary 
credential; 
‘‘(3) provide information to students regarding 
their legal rights under the Americans with Disabil-
ities Act (42 U.S.C. 12101 et seq.) and section 504 
of the Rehabilitation Act (29 U.S.C. 794); and 
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‘‘(4) in order to provide appropriate accom-
modations to students with disabilities, carry out the 
following: 
‘‘(A) Adopt policies that, at a minimum, 
make any of the following documentation sub-
mitted by an individual sufficient to establish 
that such individual is an individual with a dis-
ability: 
‘‘(i) Documentation that the indi-
vidual has had an individualized education 
program (IEP) in accordance with section 
614(d) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1414(d)), in-
cluding an IEP that may not be current on 
the date of the determination that the indi-
vidual has a disability. The office of acces-
sibility may ask for additional documenta-
tion from an individual who had an IEP 
but who was subsequently evaluated and 
determined to be ineligible for services 
under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), 
including an individual determined to be 
ineligible during elementary school. 
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‘‘(ii) Documentation describing serv-
ices or accommodations provided to the in-
dividual pursuant to section 504 of the Re-
habilitation Act of 1973 (29 U.S.C. 794) 
(commonly referred to as a ‘Section 504 
plan’). 
‘‘(iii) A plan or record of service for 
the individual from a private school, a local 
educational agency, a State educational 
agency, or an institution of higher edu-
cation provided in accordance with the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). 
‘‘(iv) A record or evaluation from a 
relevant licensed professional finding that 
the individual has a disability. 
‘‘(v) A plan or record of disability 
from another institution of higher edu-
cation. 
‘‘(vi) Documentation of a disability 
due to service in the uniformed services, as 
defined in section 484C(a). 
‘‘(B) Adopt policies that are transparent 
and explicit regarding the process by which the 
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institution determines eligibility for accom-
modations. 
‘‘(C) Disseminate the information de-
scribed in subparagraph (B) to students, par-
ents, and faculty— 
‘‘(i) in an accessible format; 
‘‘(ii) during student orientation; and 
‘‘(iii) by making such information 
readily available on a public website of the 
institution. 
‘‘(D) Provide accommodations to students 
with mental health disabilities. 
‘‘SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND 
ACCESSIBILITY. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 765C, the Secretary may 
award grants on a competitive basis to institutions 
of higher education to enable the institutions to 
carry out the activities described under subsection 
(c). 
‘‘(2) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
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‘‘(3) CONSIDERATION IN MAKING AWARDS.—In 
awarding grants under this section, the Secretary 
shall consider the following: 
‘‘(A) Providing an equitable geographic 
distribution of such awards. 
‘‘(B) Ensuring that the activities to be as-
sisted are developed for a range of types and 
sizes of institutions of higher education. 
‘‘(b) APPLICATION.—Each institution of higher edu-
cation desiring to receive a grant under this section shall 
submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the 
Secretary may require. Each application shall include— 
‘‘(1) a description of how the institution will 
carry out the activities under subsection (c); 
‘‘(2) a description of the consultation the insti-
tution has had with a broad range of people within 
the institution, including individuals with expertise 
in disability supports or special education, in devel-
oping the information under paragraph (1); 
‘‘(3) a plan for the sustainability of the pro-
gram after the end of the grant period; and 
‘‘(4) a written business plan for revenue and ex-
penditures to be provided to the Department under 
subsection (d). 
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‘‘(c) ACTIVITIES.—A grant awarded under this sec-
tion shall be used to— 
‘‘(1) develop and implement across the institu-
tion of higher education, a universal design (as de-
fined in section 103) for learning framework for 
course design and instructional materials to improve 
campus-wide accessibility to instruction, materials, 
and the learning environment; or 
‘‘(2) develop or improve distance education 
courses consistent with the principles of universal 
design for learning to improve accessibility of in-
struction and materials. 
‘‘(d) REPORTS.— 
‘‘(1) GRANT RECIPIENT REPORTS.—An institu-
tion of higher education awarded a grant under this 
section shall evaluate and disseminate to other insti-
tutions of higher education, the information obtained 
through the activities described in subsection (c). 
‘‘(2) INITIAL
REPORT
BY
SECRETARY.—Not 
later than one year after the date of the enactment 
of this section, the Secretary shall prepare and sub-
mit to the authorizing committees, and make avail-
able to the public, a report on all projects awarded 
grants under this section, including a review of the 
activities and program performance of such projects 
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based on existing information as of the date of the 
report. 
‘‘(3) FINAL REPORT BY SECRETARY.—Not later 
than 6 years after the date of the first award of a 
grant under this section, the Secretary shall prepare 
and submit to the authorizing committees, and make 
available to the public, a report that— 
‘‘(A) reviews the activities and program 
performance of the projects authorized under 
this section; and 
‘‘(B) provides guidance and recommenda-
tions on how effective projects can be rep-
licated.’’; and 
(3) by amending section 765C, as so redesig-
nated, by striking ‘‘2009’’ and inserting ‘‘2023’’. 
SEC. 103. ACCESSIBLE INSTRUCTIONAL MATERIALS AND 
TECHNOLOGY. 
(a) ESTABLISHMENT OF COMMISSION.—The Speaker 
of the House of Representatives, the President pro tem-
pore of the Senate, and the Secretary of Education shall 
establish an independent commission, comprised of key 
stakeholders, to develop guidelines for accessible postsec-
ondary electronic instructional materials and related tech-
nologies in order— 
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(1) to ensure students with disabilities are af-
forded the same educational benefits provided to stu-
dents without disabilities through the use of elec-
tronic instructional materials and related tech-
nologies; 
(2) to improve the selection and use of such 
materials and technologies at institutions of higher 
education; and 
(3) to encourage entities that produce such ma-
terials and technologies to make accessible versions 
more readily available in the market. 
(b) REVIEW.—In carrying out subsection (a), the 
commission shall— 
(1) review applicable information technology ac-
cessibility standards; and 
(2) compile and annotate such accessibility 
standards as an additional information resource for 
institutions of higher education and companies that 
service the higher education market. 
(c) MEMBERSHIP.— 
(1) STAKEHOLDER GROUPS.—The commission 
shall be composed of representatives from the fol-
lowing categories: 
(A) Communities of persons with disabil-
ities for whom the accessibility of postsecondary 
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and 1 manufacturer of related technologies are 
appointed. The Speaker shall also appoint 2 ad-
ditional members, 1 student with a disability 
and 1 faculty member from an institution of 
higher education. 
(B) 6 members, 2 from each category de-
scribed in paragraph (1), shall be appointed by 
the President pro tempore of the Senate, 3 of 
whom shall be appointed on the recommenda-
tion of the majority leader of the Senate and 3 
of whom shall be appointed on the rec-
ommendation of the minority leader of the Sen-
ate, with the President pro tempore ensuring 
that 1 developer of postsecondary electronic in-
structional materials and 1 manufacturer of re-
lated technologies are appointed. The President 
pro tempore shall also appoint 2 additional 
members, 1 student with a disability and 1 fac-
ulty member from an institution of higher edu-
cation. 
(C) 3 members, each of whom must pos-
sess extensive, demonstrated technical expertise 
in the development and implementation of ac-
cessible postsecondary electronic instructional 
materials, shall be appointed by the Secretary 
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of Education. 1 of these members shall rep-
resent postsecondary students with disabilities, 
1 shall represent higher education leadership, 
and 1 shall represent developers of postsec-
ondary electronic instructional materials. 
(3) ELIGIBILITY TO SERVE AS A MEMBER.— 
Federal employees are ineligible for appointment to 
the commission. An appointee to a volunteer or advi-
sory position with a Federal agency or related advi-
sory body may be appointed to the commission so 
long as his or her primary employment is with a 
non-Federal entity and he or she is not otherwise 
engaged in financially compensated work on behalf 
of the Federal Government, exclusive of any stand-
ard expense reimbursement or grant-funded activi-
ties. 
(d) AUTHORITY AND ADMINISTRATION.— 
(1) AUTHORITY.—The commission’s execution 
of its duties shall be independent of the Secretary of 
Education, the Attorney General, and the head of 
any other agency or department of the Federal Gov-
ernment with regulatory or standard setting author-
ity in the areas addressed by the commission. 
(2) ADMINISTRATION.— 
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(A) STAFFING.—There shall be no perma-
nent staffing for the commission. 
(B) LEADERSHIP.—Commission members 
shall elect a chairperson from among the ap-
pointees to the commission. 
(C) 
ADMINISTRATIVE
SUPPORT.—The 
Commission shall be provided administrative 
support, as needed, by the Secretary of Edu-
cation through the Office of Postsecondary 
Education of the Department of Education. 
(e) DUTIES.— 
(1) GUIDELINES.—Not later than 18 months 
after the date of enactment of this Act, subject to 
a 6-month extension that it may exercise at its dis-
cretion, the commission shall— 
(A) develop and issue guidelines for acces-
sible postsecondary electronic instructional ma-
terials, and related technologies; and 
(B) in developing the guidelines, the com-
mission shall— 
(i) establish a technical panel pursu-
ant to paragraph (4) to support the com-
mission in developing the guidelines; 
(ii) develop criteria for determining 
which materials and technologies constitute 
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postsecondary electronic instructional ma-
terials and related technologies; 
(iii) identify existing national and 
international accessibility standards that 
are relevant to student use of postsec-
ondary electronic instructional materials 
and related technologies at institutions of 
higher education; 
(iv) identify and address any unique 
pedagogical and accessibility requirements 
of postsecondary electronic instructional 
materials and related technologies that are 
not addressed, or not adequately ad-
dressed, by the identified, relevant existing 
accessibility standards; 
(v) identify those aspects of accessi-
bility, and types of postsecondary instruc-
tional materials and related technologies, 
for which the commission cannot produce 
guidelines or which cannot be addressed by 
existing accessibility standards due to— 
(I) inherent limitations of com-
mercially available technologies; or 
(II) the challenges posed by a 
specific category of disability that cov-
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ers a wide spectrum of impairments 
and capabilities which makes it dif-
ficult to assess the benefits from par-
ticular guidelines on a categorical 
basis; 
(vi) ensure that the guidelines are 
consistent with the requirements of section 
504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) and titles II and III of the 
Americans with Disabilities Act (42 U.S.C. 
12131 et seq.; 42 U.S.C. 12181 et seq.); 
(vii) ensure that the guidelines are 
consistent, to the extent feasible and ap-
propriate, with the technical and functional 
performance criteria included in the na-
tional and international accessibility stand-
ards identified by the commission as rel-
evant to student use of postsecondary elec-
tronic instructional materials and related 
technologies; 
(viii) allow for the use of an alter-
native design or technology that results in 
substantially equivalent or greater accessi-
bility and usability by individuals with dis-
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abilities than would be provided by compli-
ance with the guidelines; and 
(ix) provide that where electronic in-
structional materials, or related tech-
nologies, that comply fully with the guide-
lines are not commercially available, or 
where such compliance is not technically 
feasible, the institution may select the 
product that best meets the guidelines con-
sistent with the institution’s business and 
pedagogical needs. 
(2) ANNOTATED LIST OF INFORMATION TECH-
NOLOGY
STANDARDS.—Not later than 18 months 
after the date of the enactment of this Act, subject 
to a 6-month extension that it may exercise at its 
discretion, the commission established in section 2 
shall, with the assistance of the technical panel es-
tablished under paragraph (4), develop and issue an 
annotated list of information technology standards. 
(3) APPROVAL.—Issuance of the guidelines and 
annotated list of information technology standards 
shall require approval of at least 75 percent of the 
members of the commission. 
(4) TECHNICAL
PANEL.—Not later than 1 
month after first meeting, the Commission shall ap-
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point and convene a panel of 12 technical experts, 
each of whom shall have extensive, demonstrated 
technical experience in developing, researching, or 
implementing accessible postsecondary electronic in-
structional materials, or related technologies. The 
commission has discretion to determine a process for 
nominating, vetting, and confirming a panel of ex-
perts that fairly represents the stakeholder commu-
nities on the commission. The technical panel shall 
include a representative from the United States Ac-
cess Board. 
(f) REVIEW OF GUIDELINES.—Not later than 5 years 
after issuance of the guidelines and annotated list of infor-
mation technology standards described in subsections (a) 
and (b), and every 5 years thereafter, the Secretary of 
Education shall publish a notice in the Federal Register 
requesting public comment about whether there is a need 
to reconstitute the commission to update the guidelines 
and annotated list of information technology standards to 
reflect technological advances, changes in postsecondary 
electronic instructional materials and related technologies, 
or updated national and international accessibility stand-
ards. The Secretary shall then submit a report and rec-
ommendation to Congress regarding whether the Commis-
sion should be reconstituted. 
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(g) RULE OF APPLICATION.— 
(1) NONCONFORMING
POSTSECONDARY
ELEC-
TRONIC
INSTRUCTIONAL
MATERIALS
OR
RELATED 
TECHNOLOGIES.—Nothing in this section shall be 
construed to require an institution of higher edu-
cation to require, provide, or both recommend and 
provide, postsecondary electronic instructional mate-
rials or related technologies that conform to the 
guidelines. However, an institution that selects or 
uses nonconforming postsecondary electronic instruc-
tional materials or related technologies must other-
wise comply with existing obligations under section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794) and titles II and III of the Americans with 
Disabilities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 
12181 et seq.) to provide access to the educational 
benefit afforded by such materials and technologies 
through provision of appropriate and reasonable 
modification, accommodation, and auxiliary aids or 
services. 
(2) RELATIONSHIP
TO
EXISTING
LAWS
AND 
REGULATIONS.—With respect to the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
and the Rehabilitation Act of 1973 (29 U.S.C. 701 
et seq.), nothing in this Act may be construed— 
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(A) to authorize or require conduct prohib-
ited under the Americans with Disabilities Act 
of 1990 and the Rehabilitation Act of 1973, in-
cluding the regulations issued pursuant to those 
laws; 
(B) to expand, limit, or alter the remedies 
or defenses under the Americans with Disabil-
ities Act of 1990 and the Rehabilitation Act of 
1973; 
(C) to supersede, restrict, or limit the ap-
plication of the Americans with Disabilities Act 
of 1990 and the Rehabilitation Act of 1973; or 
(D) to limit the authority of Federal agen-
cies to issue regulations pursuant to the Ameri-
cans with Disabilities Act of 1990 and the Re-
habilitation Act of 1973. 
(h) DEFINITIONS.—In this section: 
(1) ANNOTATED LIST OF INFORMATION TECH-
NOLOGY STANDARDS.—The term ‘‘annotated list of 
information technology standards’’ means a list of 
existing national and international accessibility 
standards relevant to student use of postsecondary 
electronic instructional materials and related tech-
nologies, and to other types of information tech-
nology common to institutions of higher education, 
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such as institutional websites or registration sys-
tems, annotated by the commission established pur-
suant to this section. The annotated list of informa-
tion technology standards is intended to serve solely 
as a reference tool to inform any consideration of 
the relevance of such standards in higher education 
contexts. 
(2) POSTSECONDARY
ELECTRONIC
INSTRUC-
TIONAL MATERIALS.—The term ‘‘postsecondary elec-
tronic instructional materials’’ means digital cur-
ricular content that is required, provided, or both 
recommended and provided by an institution of high-
er education for use in a postsecondary instructional 
program. 
(3) RELATED TECHNOLOGIES.—The term ‘‘re-
lated technologies’’ refers to any software, applica-
tions, learning management or content management 
systems, and hardware that an institution of higher 
education requires, provides, or both recommends 
and provides for student access to and use of post-
secondary electronic instructional materials in a 
postsecondary instructional program. 
(4) TECHNICAL PANEL.—The term ‘‘technical 
panel’’ means a group of experts with extensive, 
demonstrated technical experience in the develop-
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ment and implementation of accessibility features for 
postsecondary electronic instructional materials and 
related technologies, established by the Commission 
pursuant to subsection (e)(4), which will assist the 
commission in the development of the guidelines and 
annotated list of information technology standards 
authorized under this Act. 
SEC. 104. POSTSECONDARY PROGRAMS FOR STUDENTS 
WITH INTELLECTUAL DISABILITIES. 
(a) PURPOSE.—Section 766 of the Higher Education 
Act of 1965 (20 U.S.C. 1140f) is amended to read as fol-
lows: 
‘‘SEC. 766. PURPOSE. 
‘‘It is the purpose of this subpart to support inclusive 
programs that promote the successful transition of stu-
dents with intellectual disabilities into higher education 
and the earning of a degree, certificate, or recognized 
postsecondary credential issued by the institution of high-
er education.’’. 
(b) PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
DISABILITIES.—Section 767 of the Higher Education Act 
of 1965 (20 U.S.C. 1140g) is amended to read as follows: 
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‘‘SEC. 767. INCLUSIVE HIGHER EDUCATION PROGRAMS FOR 
STUDENTS WITH INTELLECTUAL DISABIL-
ITIES. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 769(a), the Secretary shall an-
nually award grants, on a competitive basis, to insti-
tutions of higher education (or consortia of three or 
more institutions of higher education), to enable 
such institutions or consortia to create or expand a 
comprehensive transition and postsecondary edu-
cation program for students with intellectual disabil-
ities. 
‘‘(2) ELIGIBILITY
AND
APPROPRIATIONS
LIM-
ITS.— 
‘‘(A) RELATION TO OTHER GRANTS.—An 
institution of higher education that received a 
grant under this section before the date of the 
enactment of the Improving Access to Higher 
Education Act may not receive an additional 
grant under this section unless— 
‘‘(i) the institution receives a grant as 
part of a consortium of three or more in-
stitutions of higher education; or 
‘‘(ii) the grant term of such preceding 
grant has ended. 
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‘‘(B) LIMITATION ON AMOUNTS.— 
‘‘(i) INSTITUTION
OF
HIGHER
EDU-
CATION.—A grant under this section made 
to an institution of higher education may 
not be in an amount greater than 
$300,000. 
‘‘(ii) CONSORTIUM.—A grant under 
this section made to a consortia of institu-
tions of higher education may not be in an 
amount greater than $500,000. 
‘‘(3) ADMINISTRATION.—The program under 
this section shall be administered by the office in the 
Department that administers other postsecondary 
education programs in consultation with the Office 
of Postsecondary Education and the Office of Spe-
cial Education and Rehabilitative Services of the De-
partment of Education. 
‘‘(4) DURATION OF GRANTS.—A grant under 
this section shall be awarded for a period of 5 years. 
‘‘(b) APPLICATION.—An institution of higher edu-
cation or a consortium desiring a grant under this section 
shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may require. 
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‘‘(c) AWARD BASIS.—In awarding grants under this 
section, the Secretary shall— 
‘‘(1) provide for an equitable geographic dis-
tribution of such grants; 
‘‘(2) to the extent possible, provide for an equi-
table distribution of such grants between 4-year in-
stitutions of higher education and 2-year institutions 
of higher education, including community colleges; 
‘‘(3) provide grant funds for high-quality, inclu-
sive higher education programs for students with in-
tellectual disabilities, hereinafter referred to as inclu-
sive higher education programs, that will serve areas 
that are underserved by programs of this type; 
‘‘(4) in the case of an institution of higher edu-
cation that provides institutionally owned or oper-
ated housing for students attending the institution, 
award grants only to such institutions that integrate 
students with intellectual disabilities into the hous-
ing offered to students without disabilities or to in-
stitutions that provide such integrated housing 
through providing supports to students directly or 
through partnerships with other organizations; 
‘‘(5) provide grant funds to encourage involve-
ment of students attending institutions of higher 
education in the fields of special education, general 
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education, vocational rehabilitation, assistive tech-
nology, or related fields in the program; 
‘‘(6) select applications that— 
‘‘(A) demonstrate an existing comprehen-
sive transition and postsecondary education 
program for students with intellectual disabil-
ities that is title IV eligible; or 
‘‘(B) agree to establish such a program; 
and 
‘‘(7) give preference to applications submitted 
under subsection (b) that agree to incorporate into 
the inclusive higher education program for students 
with intellectual disabilities carried out under the 
grant one or more of the following elements: 
‘‘(A) The formation of a partnership with 
any relevant agency serving students with intel-
lectual disabilities, such as a vocational rehabili-
tation agency. 
‘‘(B) Applications that represent geo-
graphically underserved States. 
‘‘(d) USE OF FUNDS; REQUIREMENTS.—An institu-
tion of higher education or consortium receiving a grant 
under this section shall— 
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‘‘(1) use the grant funds to establish an inclu-
sive higher education program for students with in-
tellectual disabilities that— 
‘‘(A) serves students with intellectual dis-
abilities; 
‘‘(B) provides individual supports and serv-
ices for the academic and social inclusion of 
students with intellectual disabilities in aca-
demic courses, extracurricular activities, and 
other aspects of the regular postsecondary pro-
gram; 
‘‘(C) with respect to the students with in-
tellectual disabilities participating in the pro-
gram, provides a focus on— 
‘‘(i) academic and career development; 
‘‘(ii) socialization and inclusion with 
the general student population; 
‘‘(iii) independent living skills, includ-
ing self-advocacy skills; and 
‘‘(iv) integrated work experiences and 
career skills that lead to competitive inte-
grated employment; 
‘‘(D) integrates person-centered planning 
in the development of the course of study for 
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each student with an intellectual disability par-
ticipating in the program; 
‘‘(E) plans for the sustainability of the 
program after the end of the grant period, with 
a written business plan for revenue and expend-
itures to be provided to the Department by the 
end of year 3; and 
‘‘(F) awards a degree, certificate, or recog-
nized postsecondary credential for students with 
intellectual disabilities upon the completion of 
the program; 
‘‘(2) in the case of an institution of higher edu-
cation that provides institutionally owned or oper-
ated housing for students attending the institution 
or integrated housing through providing supports to 
students directly or through partnerships with other 
organizations, provide for the integration of students 
with intellectual disabilities into housing offered to 
students without disabilities; 
‘‘(3) participate with the coordinating center es-
tablished under section 777(b) in the evaluation of 
the program, including by regularly submitting data 
on experiences and outcomes of individual students 
participating in the program; and 
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‘‘(4) partner with one or more local educational 
agencies to support students with intellectual disabil-
ities participating in the program who are eligible 
for special education and related services under the 
Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.), including the use of funds 
available under part B of such Act (20 U.S.C. 1411 
et seq.) to support the participation of such students 
in the program. 
‘‘(e) MATCHING REQUIREMENT.—An institution of 
higher education (or consortium) that receives a grant 
under this section shall provide matching funds toward the 
cost of the inclusive higher education program for students 
with intellectual disabilities carried out under the grant. 
Such matching funds may be provided in cash or in-kind, 
and shall be in an amount of not less than 25 percent 
of the amount of such costs. 
‘‘(f) DATA COLLECTION AND TRANSMISSION.— 
‘‘(1) IN GENERAL.—An institution or consor-
tium receiving a grant under this section shall col-
lect and transmit to the coordinating center estab-
lished under section 777(b) on an annual basis for 
each student who is enrolled in the program, stu-
dent-level information related to the experiences and 
outcomes of students who participate in the inclusive 
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higher education program for students with intellec-
tual disabilities. 
‘‘(2) LONGITUDINAL DATA.—Each grantee shall 
collect longitudinal outcome data from each student 
participating in the program and transmit such data 
to the coordinating center established under section 
777(b). Such longitudinal data shall be collected for 
every student each year for 5 years after the student 
graduates from, or otherwise exits, the program. 
‘‘(3) DATA TO BE COLLECTED.—The program- 
level information and data and student-level infor-
mation and data to be collected under this sub-
section shall include— 
‘‘(A) the number and type of postsec-
ondary education courses taken and completed 
by the student; 
‘‘(B) academic outcomes; 
‘‘(C) competitive, integrated employment 
outcomes; 
‘‘(D) independent living outcomes; and 
‘‘(E) social outcomes. 
‘‘(g) REPORT.—Not later than 5 years after the date 
of the first grant awarded under this section, the Sec-
retary shall prepare and disseminate a report to the au-
thorizing committees and to the public that— 
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