II 118th CONGRESS 1st Session S. 2163 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act of 1990 for mental health and substance use disorder policies of institutions of higher education, and for other purposes.

1. Short title This Act may be cited as the Student Mental Health Rights Act . 2. Findings Congress finds the following: (1) Nearly all institutions of higher education are subject to— (A) the Americans with Disabilities Act of 1990 ( 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) prohibit discrimination on the basis of disability, defined 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 accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services . (4) The laws described in paragraph (1) prohibit institutions of higher education from discriminating 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 postsecondary life. (5) The laws described in paragraph (1) prohibit institutions of higher education from discriminating against students with mental health disabilities, including by failing to provide 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 institution of higher education; (B) evicting such students from on-campus housing; and (C) establishing excessive and unnecessary impediments to the re-enrollment of such students to the institution of higher education. 3. Study and report (a) Voluntary reporting Not later than 120 days after the date of the enactment of this Act, the Secretary shall solicit from students at institutions of higher education, on a voluntary basis and in a manner that protects the confidentiality of such students, information with respect to mental health disabilities and substance use disorders at such institutions of higher education. (b) Study and report Not later than 1 year after the date of the enactment of this Act, the Secretary shall— (1) complete a study on mental health disabilities and substance use disorders at institutions of higher education, including— (A) using the information voluntarily reported by students under subsection (a), the prevalence of such disabilities and disorders, disaggregated by type of disability or disorder (including disabilities and disorders related to hearing, vision, cognition, ambulatory, self-care, independent living, mental health, and any other category determined appropriate by the Secretary), among students at institutions of higher education and policies to support students with respect to such disabilities and disorders; (B) the policies of institutions of higher education with respect to students who, due to such a condition, are considering a voluntary leave of absence or are required to take a mandatory or involuntary leave of absence, or return from such an absence, and compliance by institutions of higher education with such policies; and (C) best practices for supporting students at institutions of higher education in managing such disabilities and disorders, including the effect such practices have on graduation rates and degree completion; and (2) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the findings of the study completed under paragraph (1). 4. Guidance Not later than 180 days after the date on which the report is submitted under section 3(b), 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 education with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) with respect to students with mental health disabilities; (2) the legal obligations of institutions of higher education with respect to accommodating students with mental health disabilities and students with substance use disorders; and (3) policies of institutions of higher education which may have a discriminatory impact on students with mental health disabilities and students with substance use disorders. 5. Definitions In this Act: (1) 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) ). (2) Secretary The term Secretary means the Secretary of Education.