SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Nearly all institutions of higher education 
are subject to— 
(A) the Americans with Disabilities Act 
(42 U.S.C. 12101 et seq.); 
(B) section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794); or 
(C) the Fair Housing Act (42 U.S.C. 3601 
et seq.). 
(2) The laws described in paragraph (1) pro-
hibit discrimination on the basis of disability, de-
fined as ‘‘with respect to an individual, a physical or 
mental impairment that substantially limits one or 
more major life activities of such individual, a record 
of such an impairment, or being regarded as having 
such an impairment’’ under section 3(1) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(1)). 
(3) Under section 2(a)(3) of the Americans 
with 
Disabilities 
Act 
of 
1990 
(42 
U.S.C. 
12101(a)(3)), Congress found that ‘‘discrimination 
against individuals with disabilities persists in such 
critical areas as employment, housing, public accom-
modations, education, transportation, communica-
VerDate Sep 11 2014 
23:10 Nov 29, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5204.IH
H5204
kjohnson on DSK79L0C42 with BILLS
tion, recreation, institutionalization, health services, 
voting, and access to public services’’. 
(4) The laws described in paragraph (1) pro-
hibit institutions of higher education from discrimi-
nating against students with disabilities, including 
by failing to provide reasonable accommodations or 
reasonable modifications to such students so that 
such students are able to fully participate in univer-
sity life. 
(5) The laws described in paragraph (1) pro-
hibit institutions of higher education from discrimi-
nating against students with a mental health disabil-
ities, including by failing to provide the reasonable 
accommodations or reasonable modifications to such 
a student. 
(6) The vast majority of institutions of higher 
education lack a comprehensive plan for addressing 
and preventing discrimination against students with 
mental health disabilities or who are experiencing 
crises, in many cases— 
(A) requiring such students to leave the in-
stitution of higher education; 
(B) evicting such students from on-campus 
housing; and 
VerDate Sep 11 2014 
23:10 Nov 29, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5204.IH
H5204
kjohnson on DSK79L0C42 with BILLS
(C) establishing excessive and unnecessary 
impediments to the return of such students to 
the institution of higher education. 
SEC. 3. STUDY. 
(a) REQUIREMENT.—Not later than June 30, 2021, 
the Secretary shall complete a study on mental health con-
ditions and substance use conditions including— 
(1) the prevalence of such conditions among 
students at institutions of higher education and poli-
cies to support students with respect to such condi-
tions; 
(2) the policies of institutions of higher edu-
cation with respect to students considering a leave of 
absence or return from absence due to such condi-
tions; and 
(3) best practices for supporting students at in-
stitutions of higher education in making decisions 
regarding the management of such conditions, in-
cluding the effect such practices have on graduation 
rates and degree completion. 
(b) REPORT.—The Secretary shall submit to the 
House Committee on Education and Labor a report on 
the findings of the study required by subsection (a). 
VerDate Sep 11 2014 
23:10 Nov 29, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5204.IH
H5204
kjohnson on DSK79L0C42 with BILLS
SEC. 4. GUIDANCE. 
Not later than June 30, 2021, the Secretary shall, 
in consultation with the Assistant Attorney General of the 
Civil Rights Division of the Department of Justice, issue 
guidance on— 
(1) the compliance of institutions of higher edu-
cation with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) with respect to stu-
dents with mental health conditions; 
(2) the legal obligations of institutions of higher 
education with respect to accommodating students 
with mental health conditions and students with sub-
stance use conditions; and 
(3) policies of institutions of higher education 
which may have a disparate impact on students with 
mental health conditions and students with sub-
stance use conditions. 
SEC. 5. DEFINITIONS. 
(a) INSTITUTION
OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the meaning 
given that term in section 101(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1001(a)). 
(b) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Education. 
Æ 
VerDate Sep 11 2014 
23:10 Nov 29, 2019
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5204.IH
H5204
kjohnson on DSK79L0C42 with BILLS