Title: RISE Act of 2021
Policy area: Education

Summary:
Respond, Innovate, Succeed, and Empower Act of 2021 or the RISE Act of 2021
This bill establishes requirements for institutions of higher education (IHEs) concerning students with disabilities.
Specifically, the bill requires IHEs to allow students to use certain documents, such as individualized education programs, to establish their disabilities.
In addition, IHEs must make the process for determining the eligibility for accommodations transparent.
Finally, IHEs must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2550 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2550

  To amend the Higher Education Act of 1965 to provide students with 
  disabilities and their families with access to critical information 
     needed to select the right college and succeed once enrolled.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

    Mr. Casey (for himself, Mr. Cassidy, Ms. Hassan, and Mr. Young) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to provide students with 
  disabilities and their families with access to critical information 
     needed to select the right college and succeed once enrolled.

    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 ``Respond, Innovate, Succeed, and 
Empower Act of 2021'' or the ``RISE Act of 2021''.

SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.

    Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 
1003(6)) is amended by striking ``section 3(2)'' and inserting 
``section 3''.

SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED 
              IN COLLEGE.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by adding at the end the following:
            ``(30)(A) The institution will carry out the following:
                    ``(i) Adopt policies that make any of the following 
                documentation submitted by an individual sufficient to 
                establish that such individual is an individual with a 
                disability:
                            ``(I) Documentation that the individual has 
                        had an individualized education program (IEP) 
                        in accordance with section 614(d) of the 
                        Individuals with Disabilities Education Act, 
                        including an IEP that may not be current on the 
                        date of the determination that the individual 
                        has a disability. The institution may ask for 
                        additional documentation 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, including an individual 
                        determined to be ineligible during elementary 
                        school.
                            ``(II) Documentation describing services or 
                        accommodations provided to the individual 
                        pursuant to section 504 of the Rehabilitation 
                        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 education 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 education.
                            ``(VI) Documentation of a disability due to 
                        service in the uniformed services, as defined 
                        in section 484C(a).
                    ``(ii) Adopt policies that are transparent and 
                explicit regarding information about the process by 
                which the institution determines eligibility for 
                accommodations.
                    ``(iii) Disseminate such information to students, 
                parents, and faculty in an accessible format, including 
                during any student orientation and making such 
                information readily available on a public website of 
                the institution.
            ``(B) Nothing in this paragraph shall be construed to 
        preclude an institution from establishing less burdensome 
        criteria than that described in subparagraph (A) to establish 
        an individual as an individual with a disability and therefore 
        eligible for accommodations.''.

SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION 
              AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH 
              DISABILITIES.

    Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 
1140q(a)) is amended--
            (1) in paragraph (1), by striking ``From amounts 
        appropriated under section 778,'' and inserting ``From amounts 
        appropriated under paragraph (5),''; and
            (2) by adding at the end the following:
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000.''.

SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)), as amended by section 3, is further amended by adding at the 
end the following:
            ``(31) The institution will submit, for inclusion in the 
        Integrated Postsecondary Education Data System (IPEDS) or any 
        other Federal postsecondary institution data collection effort, 
        key data related to undergraduate students enrolled at the 
        institution who are formally registered as students with 
        disabilities with the institution's office of disability 
        services (or the equivalent office), including the total number 
        of students with disabilities enrolled, the number of students 
        accessing or receiving accommodations, the percentage of 
        students with disabilities of all undergraduate students, and 
        the total number of undergraduate certificates or degrees 
        awarded to students with disabilities. An institution shall not 
        be required to submit the information described in the 
        preceding sentence if the number of such students would reveal 
        personally identifiable information about an individual 
        student.''.

SEC. 6. RULE OF CONSTRUCTION.

    None of the amendments made by this Act shall be construed to 
affect the meaning of the terms ``reasonable accommodation'' or 
``record of impairment'' under the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under 
such Act.
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