I 
117TH CONGRESS 
2D SESSION 
H. R. 9604 
To amend the Higher Education Act of 1965 to promote the matriculation, 
and increase in the graduation rates, of individuals with disabilities 
within higher education. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2022 
Ms. WILD (for herself and Mr. FITZPATRICK) 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 promote 
the matriculation, and increase in the graduation rates, 
of individuals with disabilities within higher education. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Expanding Disability 
Access to Higher Education Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
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(1) Students who are low income attend institu-
tions of higher education at a rate significantly 
lower than middle- and high-income students. 
(2) Similarly, students who are first-generation 
college students or are from minority backgrounds 
attend institutions of higher education at lower rates 
than the general public. 
(3) Many students who are low income, first 
generation, or minorities also have a disability. 
(4) In the last decade, both high school and 
postsecondary graduation rates for students with 
disabilities were significantly lower than for students 
without disabilities. 
(5) In 2015, approximately 65 percent of the 
total population of adults 25 to 34 years old had 
completed some postsecondary education compared 
with approximately 44 percent of adults with disabil-
ities in the same age range. 
(6) For students with disabilities who do attend 
an institution of higher education, only half will re-
ceive a diploma compared to 72 percent of students 
without disabilities. 
(7) Many researchers cite lack of support, such 
as in-class accommodations, accessible housing, and 
accessible technology, as a significant challenge as 
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students with disabilities transition from high school 
to postsecondary education. 
(8) As with their peers without disabilities who 
are first-generation students or come from low-in-
come backgrounds, students who are first-generation 
or low-income students with disabilities who receive 
mentoring and support services can successfully pre-
pare for, enroll in, and graduate from postsecondary 
education programs and gain greater economic con-
trol of their lives. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that individuals with disabilities, particularly those 
who are low income or first generation, should be able to 
attend institutions of higher education at the same rate 
as their peers in the general population. 
(c) PURPOSES.—The purposes of this Act are the fol-
lowing: 
(1) To provide first-generation or low-income 
students with disabilities with information, support, 
and resources to matriculate and complete a course 
of study at an institution of higher education. 
(2) To encourage and support first-generation 
or low-income students with disabilities to achieve 
postsecondary credentials that benefit them and 
their communities both socially and economically. 
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(3) To increase the number of faculty with dis-
abilities in institutions of higher education. 
(4) To provide programs authorized under 
chapter 1 of subpart 2 of part A of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070a–11 
et seq.) with the resources necessary to support 
first-generation or low-income students with disabil-
ities to prepare for, enroll in, and graduate from in-
stitutions of higher education. 
SEC. 3. PREPARING AND SUPPORTING STUDENTS WITH 
DISABILITIES FOR POSTSECONDARY EDU-
CATION. 
Section 402A of the Higher Education Act of 1965 
(20 U.S.C. 1070a–11) is amended— 
(1) in subsection (c)(4)(A), by striking ‘‘, and 
Native American Pacific Islanders (including Native 
Hawaiians),’’ and inserting ‘‘, Native American Pa-
cific Islanders (including Native Hawaiians), and in-
dividuals with a disability (as defined in section 3 of 
the Americans with Disabilities Act of 1990 (42 
U.S.C. 12102)),’’; 
(2) in subsection (g), by inserting ‘‘(except sub-
section (i))’’ after ‘‘For the purpose of making 
grants and contracts under this chapter’’; and 
(3) by adding at the end the following: 
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‘‘(i) PREPARING AND SUPPORTING STUDENTS WITH 
DISABILITIES FOR POSTSECONDARY EDUCATION.— 
‘‘(1) FUNDS FOR FEDERAL TRIO PROGRAMS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) AUTHORIZATION.—The Secretary 
shall award funds under this paragraph, 
on a competitive basis, to an eligible entity 
that applies for a grant or contract for a 
program under this chapter (except section 
402E) and also applies for such funds 
under this paragraph in order to serve eli-
gible students, as described in clause (ii). 
The period for such award of funds under 
this paragraph shall be the same period for 
the associated grant or contract for a pro-
gram under this chapter (except section 
402E) (referred to in this paragraph as 
the ‘associated program’). 
‘‘(ii) ELIGIBLE STUDENTS.—An eligi-
ble student is described in this clause if the 
student— 
‘‘(I) is eligible to receive assist-
ance under a program authorized 
under this chapter (except section 
402E); and 
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‘‘(aa) in the case in which 
the associated program is under 
section 402B, not less than two- 
thirds of the eligible students 
who are served with the funds 
under this paragraph be low-in-
come individuals who are first- 
generation college students; 
‘‘(bb) in the case in which 
the associated program is under 
section 402C— 
‘‘(AA) not less than 
two-thirds of the eligible stu-
dents who are served with 
the funds under this para-
graph be low-income individ-
uals who are first-generation 
college students; and 
‘‘(BB) the remaining 
eligible students who are 
served with the funds under 
this paragraph be low-in-
come individuals or first- 
generation college students; 
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‘‘(cc) in the case in which 
the associated program is under 
section 402D— 
‘‘(AA) not less than 
two-thirds of the eligible stu-
dents who are served with 
the funds under this para-
graph be low-income individ-
uals who are first-generation 
college students; and 
‘‘(BB) the remaining 
eligible students who are 
served with the funds under 
this paragraph be low-in-
come individuals or first- 
generation college students; 
and 
‘‘(dd) in the case in which 
the associated program is under 
section 402F— 
‘‘(AA) not less than 
two-thirds of the eligible stu-
dents who are served with 
the funds under this para-
graph be low-income individ-
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uals who are first-generation 
college students; and 
‘‘(BB) the eligible stu-
dents who are served with 
the funds under this para-
graph are at least nineteen 
years of age, unless the im-
position of such limitation 
with respect to any person 
would defeat the purposes of 
this paragraph; 
‘‘(II) require an assurance that 
such eligible students who are served 
do not have access to services from 
another program funded under this 
chapter; 
‘‘(III) require an assurance that 
the program funded under this para-
graph and the associated program 
will— 
‘‘(aa) be accessible to the el-
igible students proposed to be 
served by the program; 
‘‘(bb) serve all students, in-
cluding eligible students; 
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‘‘(cc) incorporate universal 
design for learning; and 
‘‘(dd) ensure that accom-
modations are provided as needed 
for eligible students and address 
how the program plans to enroll 
such students; 
‘‘(IV) require the program fund-
ed under this paragraph— 
‘‘(aa) to comply with all pro-
gram requirements of the associ-
ated program; and 
‘‘(bb) to include educational 
assistance as determined nec-
essary for eligible students to 
transition to postsecondary edu-
cation, such as— 
‘‘(AA) academic and so-
cial supports; 
‘‘(BB) student advising 
and family engagement; 
‘‘(CC) 
college 
search 
and application processes; 
‘‘(DD) financial plan-
ning; and 
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‘‘(EE) targeted learn-
ing programs; 
‘‘(V) require an assurance that 
the applicant will serve a number of 
eligible students with the funds under 
this paragraph that is not less than 
the number determined under sub-
paragraph (D); and 
‘‘(VI) 
require 
an 
assurance 
that— 
‘‘(aa) the funds under this 
paragraph and funds provided 
under the associated program 
will be used to incorporate eligi-
ble students into the associated 
program; and 
‘‘(bb) such eligible students 
have access to all the program 
services of the associated pro-
gram, as well as any additional 
services they require to be full 
participants in the associated 
program. 
‘‘(D) NUMBER OF ELIGIBLE STUDENTS TO 
BE SERVED.— 
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‘‘(i) IN GENERAL.—An applicant that 
receives funds under this paragraph shall 
use such funds to serve eligible students 
who are in addition to the students served 
through the associated program. 
‘‘(ii) NUMBER OF STUDENTS TO BE 
SERVED.—The number of eligible students 
to be served with funds under this para-
graph shall be the number that maximizes 
the number of eligible students served in a 
manner that meets such students’ needs 
for successful programmatic outcomes. 
‘‘(2) POSTBACCALAUREATE ACHIEVEMENT PRO-
GRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award funds under this paragraph, on a com-
petitive basis, to an eligible entity that applies 
for assistance for a project under section 402E 
and also applies for such funds under this para-
graph in order to serve eligible students, as de-
scribed in subparagraph (B). 
‘‘(B) ELIGIBLE
STUDENTS.—An eligible 
student is described in this subparagraph if the 
student— 
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‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an applicant for assist-
ance for a project under section 402E that 
desires to receive funds under this para-
graph shall submit an application for such 
funds to the Secretary at the same time 
such applicant submits an application 
under section 402E (referred to in this 
paragraph as the ‘associated application’). 
‘‘(ii) APPLICATION
MID-CYCLE.—An 
applicant that desires to receive funds 
under this paragraph that, at the time 
such applicant desires to apply for such 
funds, is receiving assistance for a project 
under section 402E may submit an appli-
cation for such funds to the Secretary 
independent of an associated application. 
‘‘(iii) CONTENT OF APPLICATION.—An 
application for funds under this paragraph 
shall— 
‘‘(I) describe identification, re-
cruitment, and implementation strate-
gies as well as programmatic elements 
specifically for eligible students; and 
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‘‘(II) indicate whether this is a 
new project or will fund a project ex-
isting on the date of the application. 
‘‘(D) AWARDING OF FUNDS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall award funds under this paragraph to 
an applicant in an amount that maximizes 
the number of eligible students served in a 
manner that meets such students’ needs 
for successful programmatic outcomes. 
‘‘(ii) REQUIREMENTS.—In awarding 
funds under this paragraph, the Secretary 
shall require an assurance that— 
‘‘(I) not less than two-thirds of 
the eligible students who are served 
with the funds under this paragraph 
be low-income individuals who are 
first-generation college students; and 
‘‘(II) the remaining eligible stu-
dents who are served with the funds 
under this paragraph be from a group 
that is underrepresented in graduate 
education, including— 
‘‘(aa) Alaska Natives, as de-
fined in section 6306 of the Ele-
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mentary and Secondary Edu-
cation Act of 1965; 
‘‘(bb) Native Hawaiians, as 
defined in section 6207 of such 
Act; and 
‘‘(cc) Native American Pa-
cific Islanders, as defined in sec-
tion 320. 
‘‘(E) NUMBER OF ELIGIBLE STUDENTS TO 
BE SERVED.— 
‘‘(i) IN GENERAL.—An applicant that 
receives funds under this paragraph shall 
use such funds to serve eligible students 
who are in addition to the students served 
through the associated program. 
‘‘(ii) NUMBER OF STUDENTS TO BE 
SERVED.—The number of eligible students 
to be served with funds under this para-
graph shall be the number that maximizes 
the number of eligible students served in a 
manner that meets such students’ needs 
for successful programmatic outcomes. 
‘‘(3) SUPPLEMENT, NOT
SUPPLANT.—Funds 
awarded under this subsection shall be used to sup-
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plement, and not supplant, other funds available to 
carry out the activities described in this subsection. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $50,000,000 for each of fiscal years 
2023 through 2027.’’. 
SEC. 4. STAFF DEVELOPMENT ACTIVITIES. 
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) in section 761, by striking ‘‘model dem-
onstration’’; and 
(2) in section 762— 
(A) in subsection (b)(2)— 
(i) in subparagraph (A), by inserting 
‘‘and application’’ after ‘‘The develop-
ment’’; and 
(ii) in subparagraph (B), by inserting 
‘‘and application’’ after ‘‘The develop-
ment’’; and 
(B) by striking subsection (d) and insert-
ing the following: 
‘‘(d) REPORTS.— 
‘‘(1) INITIAL REPORT.—Not later than 1 year 
after the date of enactment of the Expanding Dis-
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ability Access to Higher Education 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 
for any of fiscal years 2024 through 2029, including 
a review of the activities and program performance 
of such projects based on existing information as of 
the date of the report. 
‘‘(2) SUBSEQUENT REPORT.—Not later than 3 
years after the date of the first award of a grant 
under this subpart after the date of enactment of 
the Expanding Disability Access to Higher Edu-
cation Act, 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 subpart; and 
‘‘(B) provides guidance and recommenda-
tions on how effective projects can be rep-
licated.’’. 
SEC. 5. OFFICES OF TRAINING, TECHNICAL ASSISTANCE, 
AND ACCOMMODATIONS GRANT PROGRAM. 
(a) AUTHORIZATION
OF GRANT PROGRAM.—The 
Secretary of Education shall award grants, on a competi-
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tive basis, to institutions of higher education to enable the 
institutions to establish an Office of Accessibility at the 
institution. 
(b) DURATION AND AMOUNT.—A grant under this 
section shall be 5 years in duration and in an amount 
equal to not less than $30,000 and not more than $80,000 
for each year. 
(c) APPLICATION.—An institution of higher edu-
cation that desires to receive 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, including an explanation of how 
the institution will sustain the Office of Accessibility after 
the grant period ends. 
(d) AWARDING OF GRANTS.— 
(1) PREFERENCE.—In awarding grants under 
this section, the Secretary shall give preference to— 
(A) 2-year institutions of higher education 
(as defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a))); 
and 
(B) institutions of higher education (as de-
fined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) that intend to 
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hire individuals with disabilities as staff at the 
Office of Accessibility. 
(2) DIVERSITY.—In awarding grants under this 
section, the Secretary shall ensure geographic, insti-
tutional, and urban or rural award distribution di-
versity. 
(e) USE OF FUNDS.—An institution of higher edu-
cation that receives a grant under this section shall estab-
lish an Office of Accessibility at the institution, which Of-
fice— 
(1) shall— 
(A) serve as a site for confidential requests 
for accommodations for faculty members with 
disabilities; 
(B) include an accommodations officer who 
has demonstrated expertise in addressing the 
needs of individuals with disabilities and who is 
trained to serve, and provide outreach to, fac-
ulty members with disabilities, staff with dis-
abilities, and students with disabilities; and 
(C) provide training and technical assist-
ance for faculty and staff on rights and accom-
modations for individuals with disabilities, in-
cluding protecting the civil rights of individuals 
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with disabilities on campus and in classrooms; 
and 
(2) may— 
(A) develop professional development ac-
tivities for faculty and staff about rights and 
accommodations for individuals with disabilities; 
(B) create a website, that is accessible to 
individuals with disabilities, to serve as a clear-
inghouse of information for individuals with dis-
abilities; and 
(C) carry out other activities that the insti-
tution determines appropriate. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for fiscal year 2023 and each of the 4 suc-
ceeding fiscal years. 
SEC. 6. DATA COLLECTION AND REPORTING. 
(a) DATA COLLECTION AND REPORTING.— 
(1) OUTCOME
CRITERIA.—Section 402A(f) of 
the Higher Education Act of 1965 (20 U.S.C. 
1070a–11(f)) is amended— 
(A) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the outcome criteria under 
this subsection shall be disaggregated by low-in-
come students, first-generation college students, 
individuals with disabilities (including for each 
of the categories described in items (aa) 
through (dd) of subsection (i)(1)(A)(ii)(II)), 
gender, race and ethnicity, language status, and 
delayed enrollment in postsecondary education 
after high school, in the schools and institutions 
of higher education served by the program to be 
evaluated. 
‘‘(B) EXCEPTION.—Disaggregation under 
subparagraph (A) shall not be required in a 
case in which the number of students in a cat-
egory is insufficient to yield statistically reliable 
information or the results would reveal person-
ally identifiable information about an individual 
student.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(iii), by insert-
ing ‘‘(and, if the entity received funds 
under subsection (i), to a total number of 
eligible students as described in such sub-
section)’’ after ‘‘students,’’; 
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(ii) in subparagraph (D)(i), by insert-
ing ‘‘(and, if the entity received funds 
under subsection (i), to a total number of 
eligible students as described in such sub-
section)’’ after ‘‘program,’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(F) For— 
‘‘(i) programs authorized under this 
chapter for which funds are awarded under 
subsection (i), the number of eligible stu-
dents 
(as 
defined 
in 
subsection 
(i)(2)(A)(ii)) served with such funds; and 
‘‘(ii) each of subparagraphs (A) 
through (E), the extent to which the pro-
grams described in each of such subpara-
graphs served individuals with disabilities 
(as defined in section 3 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 
12102)).’’. 
(2) REPORTS.—Section 402H of the Higher 
Education Act of 1965 (20 U.S.C. 1070a–18) is 
amended— 
(A) in subsection (a)— 
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(i) in the subsection heading, by strik-
ing ‘‘TO THE AUTHORIZING COMMITTEES’’; 
(ii) in paragraph (1)(E), by inserting 
‘‘(including for each of the categories of 
such students described in items (aa) 
through 
(dd) 
of 
section 
402A(i)(1)(A)(ii)(II))’’ after ‘‘disabilities’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(3) ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—Each entity that re-
ceives a grant or contract under this chapter 
shall submit an annual report to the Secretary 
on activities assisted and students served under 
the program funded under this chapter, includ-
ing information on— 
‘‘(i) student persistence in the pro-
gram; 
‘‘(ii) student enrollment in challenging 
courses; 
‘‘(iii) graduation rates; 
‘‘(iv) postsecondary enrollment rates; 
‘‘(v) the types of services and sup-
ports provided to enrolled students; and 
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‘‘(vi) any other information requested 
by the Secretary. 
‘‘(B) DISAGGREGATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the information pro-
vided under subparagraph (A) shall be 
disaggregated by low-income student sta-
tus, first-generation college student status, 
disability status (including for each of the 
categories described in items (aa) through 
(dd) of section 402A(i)(1)(A)(ii)(II)), gen-
der, race and ethnicity, language status, 
and delayed enrollment in postsecondary 
education after high school. 
‘‘(ii) 
EXCEPTION.—Disaggregation 
under clause (i) shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student.’’; and 
(B) in subsection (b)(2)(A)(i), by striking 
‘‘and first-generation college students’’ and in-
serting ‘‘, first-generation college students, and 
students with disabilities’’. 
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(3) GEAR UP.—Section 404G of the Higher 
Education Act of 1965 (20 U.S.C. 1070a–27) is 
amended by adding at the end the following: 
‘‘(e) DATA COLLECTION AND REPORTING.— 
‘‘(1) IN GENERAL.—Each eligible entity receiv-
ing a grant under this chapter shall submit an an-
nual report to the Secretary on activities assisted 
and students served under the program funded 
under this chapter, including information on— 
‘‘(A) student persistence in the program; 
‘‘(B) student enrollment in challenging 
courses; 
‘‘(C) graduation rates; 
‘‘(D) postsecondary enrollment rates; 
‘‘(E) the types of services and supports 
provided to enrolled students; and 
‘‘(F) any other information requested by 
the Secretary. 
‘‘(2) DISAGGREGATION AND AVAILABILITY.— 
‘‘(A) IN GENERAL.—Information contained 
in the annual report described in paragraph (1) 
shall be— 
‘‘(i) except as provided in subpara-
graph (B), disaggregated by low-income 
student status, first-generation college stu-
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dent status, disability status (including for 
each of the categories described in items 
(aa) 
through 
(dd) 
of 
section 
402A(i)(1)(A)(ii)(II)), gender, race and 
ethnicity, language status, and delayed en-
rollment in postsecondary education after 
high school; 
‘‘(ii) cross-tabulated; and 
‘‘(iii) made publicly available without 
personally identifiable information. 
‘‘(B) EXCEPTION.—Disaggregation under 
subparagraph (A)(i) shall not be required in a 
case in which the number of students in a cat-
egory is insufficient to yield statistically reliable 
information or the results would reveal person-
ally identifiable information about an individual 
student. 
‘‘(3) PUBLIC
AVAILABILITY.—The Secretary 
shall make such report publicly available online.’’. 
(b) GAO REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Comp-
troller General of the United States shall begin a re-
view that examines— 
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(A) what is known about the population of 
students with disabilities, including by subcat-
egories of disability, who attend institutions of 
higher education; 
(B) how students with disabilities are iden-
tified and supported by the Department of Edu-
cation and grantee agencies through all Federal 
TRIO programs under chapter 1 of subpart 2 
of part A of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070a–11 et seq.), in-
cluding— 
(i) any information related to whether 
and how students disclose if they have a 
disability; 
(ii) what, if any, transition services 
are provided to students with disabilities 
between high school and postsecondary 
education; and 
(iii) how such Federal TRIO pro-
grams work with other campus and non- 
campus based services that support stu-
dents with disabilities; and 
(C) what information is reported by the 
Department of Education about services for 
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students with disabilities through such Federal 
TRIO programs. 
(2) REPORT.—The Comptroller General of the 
United States shall submit to the appropriate con-
gressional committees a report on the review con-
ducted under paragraph (1). 
Æ 
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