,i #aafth ,,congress #ast ,session ,h4 ,r4 #dfdc ,,in ,,the ,,house ,,of ,,representatives ,october #aa1 #bjai,mr4 ,de,saulnier 7for himself1 ,mr4 ,huffman1 ,mr4 ,langevin1 ,mr4 ,khanna1 ,mr4 ,harder of ,california1 and ,ms4 ,pressley7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,higher ,education ,act of #aife to improve accessibility to1 and completion of1 postsecondary education for students1 including students with disabilities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,improving ,access to ,higher ,education ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,programs to provide students with disabilities with a quality higher education ,sec4 #aja4 ,supporting postsecondary faculty1 staff1 and administrators in providing accessible education4 ,sec4 #ajb4 ,office of ,accessibility4 ,sec4 #ajc4 ,accessible instructional materials and technology4 ,sec4 #ajd4 ,postsecondary programs for students with intellectual disabilities4 ,sec4 #aje4 ,national ,technical ,assistance ,center and ,national ,coordinating ,center for ,inclusion of ,students with ,intellectual ,disabilities4 ,sec4 #ajf4 ,definitions4 ,title ,,ii--,miscellaneous provisions ,sec4 #bja4 ,submission of data with respect to students with disabilities4 ,sec4 #bjb4 ,training for realtime writers to provide closed captioning and court reporting services4 ,sec4 #bjc4 ,perfecting amendment4 ,i ,programs to provide students with disabilities with a quality higher education #aja4 ,supporting postsecondary faculty1 staff1 and administrators in providing accessible education 7a7 ,grants ,section #gfb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;b7 is amended to read as follows3 #gfb4 ,grants authorized 7a7 ,competitive grants authorized ,to support postsecondary faculty1 staff1 and administrators in providing an accessible education 7#a7 ,in general ,from amounts appropriated under section #gfe;,c1 the ,secretary shall award grants1 on a competitive basis1 to institutions of higher education to enable the institutions to carry out the activities under subsection 7b74 7#b7 ,awards for professional development and technical assistance ,not less than #e grants shall be awarded to institutions of higher education that provide professional development and technical assistance in order to improve access to1 and completion of1 postsecondary education for students1 including students with disabilities4 7b7 ,duration2 activities 7#a7 ,duration ,a grant under this section shall be awarded for a period of #e years4 7#b7 ,authorized activities ,a grant awarded under this section shall be used to carry out one or more of the following activities3 7,a7 ,teaching methods and strategies ,the development and implementation of training to provide innovative1 effective1 and evidence-based teaching methods and strategies1 consistent with the principles of universal design for learning1 to provide postsecondary faculty1 staff1 and administrators with the skills and supports necessary to teach and meet the academic and programmatic needs of students 7including students with disabilities7 in order to improve the retention of such students in1 and the completion by such students of1 postsecondary education4 ,such methods and strategies may include in-service training1 professional development1 customized and general technical assistance1 workshops1 summer institutes1 distance learning1 and training in the use of assistive and educational technology4 7,b7 ,implementing accommodations ,the development and implementation of training to provide postsecondary faculty1 staff1 and administrators methods and strategies of providing appropriate accommodations consistent with the principles of universal design 7as defined in section #ajc7 for learning for students with disabilities1 including descriptions of legal obligations of the institution of higher education to provide such accommodations4 7,c7 ,effective transition practices ,the development and implementation of innovative1 effective1 and evidence-based teaching methods and strategies to provide postsecondary faculty1 staff1 and administrators with the skills and supports necessary to ensure the successful and smooth transition of students with disabilities from secondary school to postsecondary education4 ,the teaching methods and strategies may include supporting students in the development of self-advocacy skills to improve transition to1 and completion of1 postsecondary education4 7,d7 ,distance learning ,the development and implementation of training to provide innovative1 effective1 and evidence-based teaching methods and strategies to enable postsecondary faculty1 staff1 and administrators to provide accessible distance education programs or classes that would enhance the access of students 7including students with disabilities7 to postsecondary education1 including the use of accessible curricula and electronic communication for instruction and advising that meet the requirements of section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d74 7,e7 ,career pathway guidance ,the development and implementation of effective and evidence-based teaching methods and strategies to provide postsecondary faculty1 staff1 and administrators with the ability to advise students with disabilities with respect to their chosen career pathway1 which shall include at least one of the following3 7i7 ,supporting internships1 apprenticeships registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 or work-based learning opportunities4 7ii7 ,counseling on coursework to meet the degree1 certificate1 or recognized postsecondary credential appropriate for the field chosen4 7iii7 ,developing self-advocacy skills to advocate for appropriate accommodations once in the workplace4 7iv7 ,support with selecting a career pathway that leads to competitive1 integrated employment4 7#c7 ,mandatory evaluation and dissemination ,an institution of higher education awarded a grant under this section shall evaluate and disseminate to other institutions of higher education the information obtained through the activities described in subparagraphs 7,a7 through 7,e7 of paragraph 7#b74 7c7 ,considerations in making awards ,in awarding grants under this section1 the ,secretary shall consider the following3 7#a7 ,geographic distribution ,providing an equitable geographic distribution of such awards4 7#b7 ,rural and urban areas ,distributing such awards to urban and rural areas4 7#c7 ,range and type of institution ,ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education4 7d7 ,reports 7#a7 ,initial report ,not later than one year after the date of enactment of the this ,act1 the ,secretary shall prepare and submit to the authorizing committees1 and make available to the public1 a report on all projects awarded grants under this part1 including a review of the activities and program performance of such projects based on existing information as of the date of the report4 7#b7 ,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 of #bjai1 the ,secretary shall prepare and submit to the authorizing committees1 and make available to the public1 a report that-- 7,a7 reviews the activities and program performance of the projects authorized under subsection 7b72 and 7,b7 provides guidance and recommendations on how effective projects can be replicated4 4 7b7 ,applications ,section #gfc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;c7 is amended to read as follows3 #gfc4 ,applications ,each institution of higher education desiring to receive a grant under section #gfb shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,each application shall include-- 7#a7 a description of the activities authorized under section #gfb7;b7 that the institution proposes to carry out1 and how such institution plans to conduct such activities in order to further the purposes of this subpart2 7#b7 a description of how the institution consulted with a broad range of people1 including individuals with expertise in disability supports or special education1 within the institution to develop activities for which assistance is sought2 7#c7 a description of how the institution will coordinate and collaborate with the office of accessibility2 and 7#d7 a description of the extent to which the institution will work to replicate the research-based and best practices of institutions of higher education with demonstrated effectiveness in serving students with disabilities4 4 #ajb4 ,office of ,accessibility ,subpart #a of part ,d of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;a et seq47 is amended-- 7#a7 by redesignating section #gfe as section #gfe;,c2 7#b7 by inserting after section #gfd the following3 #gfe;,a4 ,office of ,accessibility 7a7 ,establishment ,each institution of higher education shall establish an office of accessibility to develop and implement policies to support students who enter postsecondary education with disabilities and students who acquire a disability while enrolled in an institution of higher education4 7b7 ,duties ,each office of accessibility shall-- 7#a7 inform students1 during student orientation1 about services provided at the institution of higher education1 and continually update such information through the accessibility office's website and other communications to improve accessibility of such services2 7#b7 provide information to students regarding accommodations and modifications provided by the institution of higher education with respect to internships1 practicums1 work-based learning1 apprenticeships registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 or other work-related environments that-- 7,a7 the student may engage in through courses2 or 7,b7 are necessary for completion of a degree1 certificate1 or recognized postsecondary credential2 7#c7 provide information to students regarding their legal rights under the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act 7#bi ,u4,s4,c4 #gid72 and 7#d7 in order to provide appropriate accommodations to students with disabilities1 carry out the following3 7,a7 ,adopt policies that1 at a minimum1 make any of the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability3 7i7 ,documentation that the individual has had an individualized education program 7,,iep7 in accordance with section #fad7;d7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d771 including an ,,iep that may not be current on the date of the determination that the individual has a disability4 ,the office of accessibility 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 7#bj ,u4,s4,c4 #adjj et seq471 including an individual determined to be ineligible during elementary school4 7ii7 ,documentation describing services or accommodations provided to the individual pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 7commonly referred to as a ,section #ejd plan74 7iii7 ,a plan or record of service for the individual from a private school1 a local educational agency1 a ,state educational agency1 or an institution of higher education provided in accordance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7iv7 ,a record or evaluation from a relevant licensed professional finding that the individual has a disability4 7v7 ,a plan or record of disability from another institution of higher education4 7vi7 ,documentation of a disability due to service in the uniformed services1 as defined in section #dhd;,c7a74 7,b7 ,adopt policies that are transparent and explicit regarding the process by which the institution determines eligibility for accommodations4 7,c7 ,disseminate the information described in subparagraph 7,b7 to students1 parents1 and faculty-- 7i7 in an accessible format2 7ii7 during student orientation2 and 7iii7 by making such information readily available on a public website of the institution4 7,d7 ,provide accommodations to students with mental health disabilities4 #gfe;,b4 ,competitive grant for innovation and accessibility 7a7 ,grants authorized 7#a7 ,in general ,from amounts appropriated under section #gfe;,c1 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 7c74 7#b7 ,duration ,a grant under this section shall be awarded for a period of #e years4 7#c7 ,consideration in making awards ,in awarding grants under this section1 the ,secretary shall consider the following3 7,a7 ,providing an equitable geographic distribution of such awards4 7,b7 ,ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education4 7b7 ,application ,each institution of higher education desiring to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,each application shall include-- 7#a7 a description of how the institution will carry out the activities under subsection 7c72 7#b7 a description of the consultation the institution has had with a broad range of people within the institution1 including individuals with expertise in disability supports or special education1 in developing the information under paragraph 7#a72 7#c7 a plan for the sustainability of the program after the end of the grant period2 and 7#d7 a written business plan for revenue and expenditures to be provided to the ,department under subsection 7d74 7c7 ,activities ,a grant awarded under this section shall be used to-- 7#a7 develop and implement across the institution of higher education1 a universal design 7as defined in section #ajc7 for learning framework for course design and instructional materials to improve campus-wide accessibility to instruction1 materials1 and the learning environment2 or 7#b7 develop or improve distance education courses consistent with the principles of universal design for learning to improve accessibility of instruction and materials4 7d7 ,reports 7#a7 ,grant recipient reports ,an institution of higher education awarded a grant under this section shall evaluate and disseminate to other institutions of higher education1 the information obtained through the activities described in subsection 7c74 7#b7 ,initial report by ,secretary ,not later than one year after the date of the enactment of this section1 the ,secretary shall prepare and submit to the authorizing committees1 and make available to the public1 a report on all projects awarded grants under this section1 including a review of the activities and program performance of such projects based on existing information as of the date of the report4 7#c7 ,final report by ,secretary ,not later than #f years after the date of the first award of a grant under this section1 the ,secretary shall prepare and submit to the authorizing committees1 and make available to the public1 a report that-- 7,a7 reviews the activities and program performance of the projects authorized under this section2 and 7,b7 provides guidance and recommendations on how effective projects can be replicated4 2 and 7#c7 by amending section #gfe;,c1 as so redesignated1 by striking #bjji and inserting #bjah4 #ajc4 ,accessible instructional materials and technology 7a7 ,establishment of commission ,the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,secretary of ,education shall establish an independent commission1 comprised of key stakeholders1 to develop guidelines for accessible postsecondary electronic instructional materials and related technologies in order-- 7#a7 to ensure students with disabilities are afforded the same educational benefits provided to students without disabilities through the use of electronic instructional materials and related technologies2 7#b7 to improve the selection and use of such materials and technologies at institutions of higher education2 and 7#c7 to encourage entities that produce such materials and technologies to make accessible versions more readily available in the market4 7b7 ,review ,in carrying out subsection 7a71 the commission shall-- 7#a7 review applicable information technology accessibility standards2 and 7#b7 compile and annotate such accessibility standards as an additional information resource for institutions of higher education and companies that service the higher education market4 7c7 ,membership 7#a7 ,stakeholder groups ,the commission shall be composed of representatives from the following categories3 7,a7 ,communities of persons with disabilities for whom the accessibility of postsecondary electronic instructional materials and related technologies is a significant factor in ensuring equal participation in higher education1 and nonprofit organizations that provide accessible electronic materials to these communities4 7,b7 ,higher education leadership1 including institution of higher education presidents1 provosts1 deans1 vice presidents or deans of libraries1 chief information officers1 and other senior institutional executives4 7,c7 ,developers of postsecondary electronic instructional materials and manufacturers of related technologies4 7#b7 ,appointment of members ,the commission members shall be appointed as follows3 7,a7 #f members1 #b from each category described in paragraph 7#a71 shall be appointed by the ,speaker of the ,house of ,representatives1 #c of whom shall be appointed on the recommendation of the majority leader of the ,house of ,representatives and #c of whom shall be appointed on the recommendation of the minority leader of the ,house of ,representatives1 with the ,speaker ensuring that #a developer of postsecondary electronic instructional materials and #a manufacturer of related technologies are appointed4 ,the ,speaker shall also appoint #b additional members1 #a student with a disability and #a faculty member from an institution of higher education4 7,b7 #f members1 #b from each category described in paragraph 7#a71 shall be appointed by the ,president pro tempore of the ,senate1 #c of whom shall be appointed on the recommendation of the majority leader of the ,senate and #c of whom shall be appointed on the recommendation of the minority leader of the ,senate1 with the ,president pro tempore ensuring that #a developer of postsecondary electronic instructional materials and #a manufacturer of related technologies are appointed4 ,the ,president pro tempore shall also appoint #b additional members1 #a student with a disability and #a faculty member from an institution of higher education4 7,c7 #c members1 each of whom must possess extensive1 demonstrated technical expertise in the development and implementation of accessible postsecondary electronic instructional materials1 shall be appointed by the ,secretary of ,education4 #a of these members shall represent postsecondary students with disabilities1 #a shall represent higher education leadership1 and #a shall represent developers of postsecondary electronic instructional materials4 7#c7 ,eligibility to serve as a member ,federal employees are ineligible for appointment to the commission4 ,an appointee to a volunteer or advisory position with a ,federal agency or related advisory 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 ,government1 exclusive of any standard expense reimbursement or grant-funded activities4 7d7 ,authority and administration 7#a7 ,authority ,the commission's execution of its duties shall be independent of the ,secretary of ,education1 the ,attorney ,general1 and the head of any other agency or department of the ,federal ,government with regulatory or standard setting authority in the areas addressed by the commission4 7#b7 ,administration 7,a7 ,staffing ,there shall be no permanent staffing for the commission4 7,b7 ,leadership ,commission members shall elect a chairperson from among the appointees to the commission4 7,c7 ,administrative support ,the ,commission shall be provided administrative support1 as needed1 by the ,secretary of ,education through the ,office of ,postsecondary ,education of the ,department of ,education4 7e7 ,duties 7#a7 ,guidelines ,not later than #ah months after the date of enactment of this ,act1 subject to a #f-month extension that it may exercise at its discretion1 the commission shall-- 7,a7 develop and issue guidelines for accessible postsecondary electronic instructional materials1 and related technologies2 and 7,b7 in developing the guidelines1 the commission shall-- 7i7 establish a technical panel pursuant to paragraph 7#d7 to support the commission in developing the guidelines2 7ii7 develop criteria for determining which materials and technologies constitute postsecondary electronic instructional materials and related technologies2 7iii7 identify existing national and international accessibility standards that are relevant to student use of postsecondary electronic instructional materials and related technologies at institutions of higher education2 7iv7 identify and address any unique pedagogical and accessibility requirements of postsecondary electronic instructional materials and related technologies that are not addressed1 or not adequately addressed1 by the identified1 relevant existing accessibility standards2 7v7 identify those aspects of accessibility1 and types of postsecondary instructional materials and related technologies1 for which the commission cannot produce guidelines or which cannot be addressed by existing accessibility standards due to-- 7,i7 inherent limitations of commercially available technologies2 or 7,,ii7 the challenges posed by a specific category of disability that covers a wide spectrum of impairments and capabilities which makes it difficult to assess the benefits from particular guidelines on a categorical basis2 7vi7 ensure that the guidelines are consistent with the requirements of section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 and titles ,,ii and ,,iii of the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq472 7vii7 ensure that the guidelines are consistent1 to the extent feasible and appropriate1 with the technical and functional performance criteria included in the national and international accessibility standards identified by the commission as relevant to student use of postsecondary electronic instructional materials and related technologies2 7viii7 allow for the use of an alternative design or technology that results in substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by compliance with the guidelines2 and 7ix7 provide that where electronic instructional materials1 or related technologies1 that comply fully with the guidelines are not commercially available1 or where such compliance is not technically feasible1 the institution may select the product that best meets the guidelines consistent with the institution's business and pedagogical needs4 7#b7 ,annotated list of information technology standards ,not later than #ah months after the date of the enactment of this ,act1 subject to a #f-month extension that it may exercise at its discretion1 the commission established in section #b shall1 with the assistance of the technical panel established under paragraph 7#d71 develop and issue an annotated list of information technology standards4 7#c7 ,approval ,issuance of the guidelines and annotated list of information technology standards shall require approval of at least #ge percent of the members of the commission4 7#d7 ,technical panel ,not later than #a month after first meeting1 the ,commission shall appoint and convene a panel of #ab technical experts1 each of whom shall have extensive1 demonstrated technical experience in developing1 researching1 or implementing accessible postsecondary electronic instructional materials1 or related technologies4 ,the commission has discretion to determine a process for nominating1 vetting1 and confirming a panel of experts that fairly represents the stakeholder communities on the commission4 ,the technical panel shall include a representative from the ,united ,states ,access ,board4 7f7 ,review of guidelines ,not later than #e years after issuance of the guidelines and annotated list of information technology standards described in subsections 7a7 and 7b71 and every #e years thereafter1 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 advances1 changes in postsecondary electronic instructional materials and related technologies1 or updated national and international accessibility standards4 ,the ,secretary shall then submit a report and recommendation to ,congress regarding whether the ,commission should be reconstituted4 7g7 ,rule of application 7#a7 ,nonconforming ,postsecondary ,electronic ,instructional ,materials ,or ,related ,technologies ,nothing in this section shall be construed to require an institution of higher education to require1 provide1 or both recommend and provide1 postsecondary electronic instructional materials or related technologies that conform to the guidelines4 ,however1 an institution that selects or uses nonconforming postsecondary electronic instructional materials or related technologies must otherwise comply with existing obligations under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 and titles ,,ii and ,,iii of the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq47 to provide access to the educational benefit afforded by such materials and technologies through provision of appropriate and reasonable modification1 accommodation1 and auxiliary aids or services4 7#b7 ,relationship ,to ,existing ,laws ,and ,regulations ,with respect to the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 nothing in this ,act may be construed-- 7,a7 to authorize or require conduct prohibited under the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc1 including the regulations issued pursuant to those laws2 7,b7 to expand1 limit1 or alter the remedies or defenses under the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc2 7,c7 to supersede1 restrict1 or limit the application of the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc2 or 7,d7 to limit the authority of ,federal agencies to issue regulations pursuant to the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc4 7h7 ,definitions ,in this section3 7#a7 ,annotated list of information technology 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 technologies1 and to other types of information technology common to institutions of higher education1 such as institutional websites or registration systems1 annotated by the commission established pursuant to this section4 ,the annotated list of information technology standards is intended to serve solely as a reference tool to inform any consideration of the relevance of such standards in higher education contexts4 7#b7 ,postsecondary electronic instructional materials ,the term postsecondary electronic instructional materials means digital curricular content that is required1 provided1 or both recommended and provided by an institution of higher education for use in a postsecondary instructional program4 7#c7 ,related technologies ,the term related technologies refers to any software1 applications1 learning management or content management systems1 and hardware that an institution of higher education requires1 provides1 or both recommends and provides for student access to and use of postsecondary electronic instructional materials in a postsecondary instructional program4 7#d7 ,technical panel ,the term technical panel means a group of experts with extensive1 demonstrated technical experience in the development and implementation of accessibility features for postsecondary electronic instructional materials and related technologies1 established by the ,commission pursuant to subsection 7e77#d71 which will assist the commission in the development of the guidelines and annotated list of information technology standards authorized under this ,act4 #ajd4 ,postsecondary programs for students with intellectual disabilities 7a7 ,purpose ,section #gff of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;f7 is amended to read as follows3 #gff4 ,purpose ,it is the purpose of this subpart to support inclusive programs that promote the successful transition of students with intellectual disabilities into higher education and the earning of a degree1 certificate1 or recognized postsecondary credential issued by the institution of higher education4 4 7b7 ,programs for students with intellectual disabilities ,section #gfg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;g7 is amended to read as follows3 #gfg4 ,inclusive higher education programs for students with intellectual disabilities 7a7 ,grants authorized 7#a7 ,in general ,from amounts appropriated under section #gfi7;a71 the ,secretary shall annually award grants1 on a competitive basis1 to institutions of higher education 7or consortia of three or more institutions of higher education71 to enable such institutions or consortia to create or expand a comprehensive transition and postsecondary education program for students with intellectual disabilities4 7#b7 ,eligibility and appropriations limits 7,a7 ,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 of #bjai may not receive an additional grant under this section unless-- 7i7 the institution receives a grant as part of a consortium of three or more institutions of higher education2 or 7ii7 the grant term of such preceding grant has ended4 7,b7 ,limitation on amounts 7i7 ,institution of higher education ,a grant under this section made to an institution of higher education may not be in an amount greater than #cjj1jjj4 7ii7 ,consortium ,a grant under this section made to a consortia of institutions of higher education may not be in an amount greater than #ejj1jjj4 7#c7 ,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 ,special ,education and ,rehabilitative ,services of the ,department of ,education4 7#d7 ,duration of grants ,a grant under this section shall be awarded for a period of #e years4 7b7 ,application ,an institution of higher education or a consortium desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,award basis ,in awarding grants under this section1 the ,secretary shall-- 7#a7 provide for an equitable geographic distribution of such grants2 7#b7 to the extent possible1 provide for an equitable distribution of such grants between #d-year institutions of higher education and #b-year institutions of higher education1 including community colleges2 7#c7 provide grant funds for high-quality1 inclusive higher education programs for students with intellectual disabilities1 herein after referred to as inclusive higher education programs1 that will serve areas that are underserved by programs of this type2 7#d7 in the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution1 award grants only to such institutions that integrate students with intellectual disabilities into the housing offered to students without disabilities or to institutions that provide such integrated housing through providing supports to students directly or through partnerships with other organizations2 7#e7 provide grant funds to encourage involvement of students attending institutions of higher education in the fields of special education1 general education1 vocational rehabilitation1 assistive technology1 or related fields in the program2 7#f7 select applications that-- 7,a7 demonstrate an existing comprehensive transition and postsecondary education program for students with intellectual disabilities that is title ,,iv eligible2 or 7,b7 agree to establish such a program2 and 7#g7 give preference to applications submitted under subsection 7b7 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 elements3 7,a7 ,the formation of a partnership with any relevant agency serving students with intellectual disabilities1 such as a vocational rehabilitation agency4 7,b7 ,applications that represent geographically underserved ,states4 7d7 ,use of funds2 requirements ,an institution of higher education or consortium receiving a grant under this section shall-- 7#a7 use the grant funds to establish an inclusive higher education program for students with intellectual disabilities that-- 7,a7 serves students with intellectual disabilities2 7,b7 provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses1 extracurricular activities1 and other aspects of the regular postsecondary program2 7,c7 with respect to the students with intellectual disabilities participating in the program1 provides a focus on-- 7i7 academic and career development2 7ii7 socialization and inclusion with the general student population2 7iii7 independent living skills1 including self-advocacy skills2 and 7iv7 integrated work experiences and career skills that lead to competitive integrated employment2 7,d7 integrates person-centered planning in the development of the course of study for each student with an intellectual disability participating in the program2 7,e7 plans for the sustainability of the program after the end of the grant period1 with a written business plan for revenue and expenditures to be provided to the ,department by the end of year #c2 and 7,f7 awards a degree1 certificate1 or recognized postsecondary credential for students with intellectual disabilities upon the completion of the program2 7#b7 in the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution or integrated housing through providing supports to students directly or through partnerships with other organizations1 provide for the integration of students with intellectual disabilities into housing offered to students without disabilities2 7#c7 participate with the coordinating center established under section #ggg7;b7 in the evaluation of the program1 including by regularly submitting data on experiences and outcomes of individual students participating in the program2 and 7#d7 partner with one or more local educational agencies to support students with intellectual disabilities participating in the program who are eligible for special education and related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 including the use of funds available under part ,b of such ,act 7#bj ,u4,s4,c4 #adaa et seq47 to support the participation of such students in the program4 7e7 ,matching requirement ,an institution of higher education 7or consortium7 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 grant4 ,such matching funds may be provided in cash or in-kind1 and shall be in an amount of not less than #be percent of the amount of such costs4 7f7 ,data ,collection and ,transmission 7#a7 ,in general ,an institution or consortium receiving a grant under this section shall collect and transmit to the coordinating center established under section #ggg7;b7 on an annual basis for each student who is enrolled in the program1 student-level information related to the experiences and outcomes of students who participate in the inclusive higher education program for students with intellectual disabilities4 7#b7 ,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 #ggg7;b74 ,such longitudinal data shall be collected for every student each year for #e years after the student graduates from1 or otherwise exits1 the program4 7#c7 ,data to be collected ,the program-level information and data and student-level information and data to be collected under this subsection shall include-- 7,a7 the number and type of postsecondary education courses taken and completed by the student2 7,b7 academic outcomes2 7,c7 competitive1 integrated employment outcomes2 7,d7 independent living outcomes2 and 7,e7 social outcomes4 7g7 ,report ,not later than #e years after the date of the first grant awarded under this section1 the ,secretary shall prepare and disseminate a report to the authorizing committees and to the public that-- 7#a7 reviews the activities of the inclusive higher education programs for students with intellectual disabilities funded under this section2 and 7#b7 provides guidance and recommendations on how effective programs can be replicated4 4 7c7 ,authorization of appropriations ,section #gfi7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;i7 is amended by striking #bjji and inserting #bjai4 #aje4 ,national ,technical ,assistance ,center and ,national ,coordinating ,center for ,inclusion of ,students with ,intellectual ,disabilities 7a7 ,in general ,section #ggg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadjq7 is amended to read as follows3 #ggg4 ,national ,technical ,assistance ,center and ,coordinating ,center for ,inclusion of ,students with ,intellectual ,disabilities 7a7 ,national ,technical ,assistance ,center 7#a7 ,in general ,from amounts appropriated under paragraph 7#e71 the ,secretary shall award a grant to1 or enter into a contract or cooperative agreement with1 an eligible entity to provide for the establishment and support of a ,national ,technical ,assistance ,center4 ,the ,national ,technical ,assistance ,center shall carry out the duties set forth in paragraph 7#d74 7#b7 ,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 ,special ,education and ,rehabilitative ,services4 7#c7 ,eligible entity ,in this subpart1 the term eligible entity means an institution of higher education1 a nonprofit organization1 or partnership of two or more such institutions or organizations1 with demonstrated expertise in-- 7,a7 transitioning students with disabilities from secondary school to postsecondary education2 7,b7 supporting students with disabilities in postsecondary education2 7,c7 technical knowledge necessary for the dissemination of information in accessible formats2 and 7,d7 working with diverse types of institutions of higher education1 including community colleges4 7#d7 ,duties ,the duties of the ,national ,technical ,assistance ,center shall include the following3 7,a7 ,assistance to students and families ,the ,national ,technical ,assistance ,center shall provide information and technical assistance to students with disabilities and the families of students with disabilities to support students across the broad spectrum of disabilities1 including-- 7i7 information to assist individuals with disabilities who are prospective students of an institution of higher education in planning for postsecondary education while the students are in secondary school2 7ii7 information and technical assistance provided to individualized education program teams 7as defined in section #fad7;d77#a7 of the ,individuals with ,disabilities ,education ,act7 for secondary school students with disabilities1 and to early outreach and student services programs1 including programs authorized under subparts #b1 #d1 and #e of part ,a of title ,,iv1 to support students across a broad spectrum of disabilities with the successful transition to postsecondary education2 7iii7 research-based supports1 services1 and accommodations which are available in postsecondary settings1 including services provided by other agencies such as vocational rehabilitation2 7iv7 information on student mentoring and networking opportunities for students with disabilities2 and 7v7 effective recruitment and transition programs at postsecondary educational institutions4 7,b7 ,assistance to institutions of higher education ,the ,national ,technical ,assistance ,center shall provide information and technical assistance to faculty1 staff1 and administrators of institutions of higher education to improve the services provided to1 the accommodations for1 the retention rates of1 and the completion rates of1 students with disabilities in higher education settings1 which may include-- 7i7 collection and dissemination of best and promising practices and materials for accommodating and supporting students with disabilities1 including practices and materials supported by the grants1 contracts1 or cooperative agreements authorized under subparts #a1 #b1 and #c2 7ii7 development and provision of training modules for higher education faculty on exemplary practices for accommodating and supporting postsecondary students with disabilities across a range of academic fields1 which may include universal design for learning and practices supported by the grants1 contracts1 or cooperative agreements authorized under subparts #a1 #b1 and #c2 and 7iii7 development of technology-based tutorials for higher education faculty and staff1 including new faculty and graduate students1 on best and promising practices related to support and retention of students with disabilities in postsecondary education4 7,c7 ,information collection and dissemination ,the ,national ,technical ,assistance ,center shall be responsible for building1 maintaining1 and updating a database of disability support services information with respect to institutions of higher education1 or for expanding and updating an existing database of disabilities support services information with respect to institutions of higher education4 ,such database shall be available to the general public through a website built to high technical standards of accessibility practicable for the broad spectrum of individuals with disabilities4 ,such database and website shall include available information on-- 7i7 disability documentation requirements2 7ii7 support services available2 7iii7 links to financial aid2 7iv7 accommodations policies2 7v7 accessible instructional materials2 7vi7 other topics relevant to students with disabilities2 and 7vii7 the information in the report described in subparagraph 7,e74 7,d7 ,disability support services ,the ,national ,technical ,assistance ,center shall work with organizations and individuals with proven expertise related to disability support services for postsecondary students with disabilities to evaluate1 improve1 and disseminate information related to the delivery of high quality disability support services at institutions of higher education4 7,e7 ,review and report ,not later than three years after the establishment of the ,national ,technical ,assistance ,center1 and every two years thereafter1 the ,national ,technical ,assistance ,center shall prepare and disseminate a report to the ,secretary and the authorizing committees analyzing the condition of postsecondary success for students with disabilities4 ,such report shall include-- 7i7 a review of the activities and the effectiveness of the programs authorized under this part2 7ii7 annual enrollment and graduation rates of students with disabilities in institutions of higher education from publicly reported data2 7iii7 recommendations for effective postsecondary supports and services for students with disabilities1 and how such supports and services may be widely implemented at institutions of higher education2 7iv7 recommendations on reducing barriers to full participation for students with disabilities in higher education2 and 7v7 a description of strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education4 7,f7 ,staffing of the center ,in hiring employees of the ,national ,technical ,assistance ,center1 the ,national ,technical ,assistance ,center shall consider the expertise and experience of prospective employees in providing training and technical assistance to practitioners4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj4 7b7 ,the ,national ,coordinating ,center for ,inclusion of ,students with ,intellectual ,disabilities 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means an entity1 or a partnership of entities1 that has demonstrated expertise in the fields of-- 7,a7 higher education2 7,b7 the education of students with intellectual disabilities2 7,c7 the development of inclusive higher education programs for students with intellectual disabilities2 and 7,d7 evaluation and technical assistance4 7#b7 ,in general ,from amounts appropriated under paragraph 7#g71 the ,secretary shall enter into a cooperative agreement1 on a competitive basis1 with an eligible entity for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive higher education programs for students with intellectual disabilities1 including institutions participating in grants authorized under subpart #b to provide-- 7,a7 recommendations related to the development of standards for such programs2 7,b7 technical assistance for such programs2 and 7,c7 evaluations for such programs1 including systematic collection of data on the experiences and outcomes of individuals with intellectual disabilities4 7#c7 ,administration ,the program under this subsection shall be administered by the ,office of ,postsecondary ,education1 in collaboration with the ,office of ,special ,education and ,rehabilitative ,services4 7#d7 ,duration ,the ,secretary shall enter into a cooperative agreement under this subsection for a period of five years4 7#e7 ,requirements of cooperative agreement ,the eligible entity entering into a cooperative agreement under this subsection shall establish and maintain a coordinating center that shall-- 7,a7 serve as the technical assistance entity for all inclusive higher education programs and comprehensive transition and postsecondary programs for students with intellectual disabilities2 7,b7 provide technical assistance regarding the development1 evaluation1 and continuous improvement of such programs2 7,c7 evaluate such programs using qualitative and quantitative methodologies for measuring program strengths in the areas of academic access1 academic enrichment1 socialization1 competitive integrated employment1 attainment of a degree1 certificate1 or recognized postsecondary credential1 and independent living2 7,d7 evaluate participant progress by creating and maintaining a database of student-level information and data related to the experiences and outcomes of youth who participate in each inclusive higher education program that receives a grant under this subpart2 7,e7 create and maintain a mechanism for continuing to collect outcome information from students who participated in inclusive higher education programs that were developed in previous grant award cycles2 7,f7 assist recipients of a grant under this subpart in efforts to award a meaningful credential and to seek institution of higher education approval for any newly developed credentials2 7,g7 create and maintain a database of student and program level data reflecting implementation of the inclusive higher education program that receives a grant under this subpart2 7,h7 create and maintain a mechanism to consolidate follow up data on student outcomes collected by inclusive higher education programs funded through previous grant cycles2 7,i7 assist recipients of grants under subpart #b in efforts to award a degree1 certificate1 or recognized postsecondary credential to students with intellectual disabilities upon the completion of such programs2 7,j7 identify model memoranda of agreement for use between or among institutions of higher education and ,state and local agencies providing funding for such programs2 7,k7 develop recommendations for the necessary components of such programs1 such as-- 7i7 academic1 career and technical1 social1 and independent living skills2 7ii7 evaluation of student progress2 7iii7 program administration and evaluation2 7iv7 student eligibility2 7v7 issues regarding the equivalency of a student's participation in such programs to semester1 trimester1 quarter1 credit1 or clock hours at an institution of higher education1 as the case may be2 and 7vi7 access to student housing for students participating in the inclusive higher education programs1 including accommodations and services that support independent living2 7,l7 review and analyze-- 7i7 the impact of ,federal and ,state legislation on inclusive higher education and inclusive higher education policy2 and 7ii7 funding streams for such programs2 7,m7 provide recommendations regarding the funding streams described in subparagraph 7,h77ii72 7,n7 develop mechanisms for regular communication1 outreach and dissemination of information about inclusive higher education programs for students with intellectual disabilities under subpart #b between or among such programs and to families and prospective students2 7,o7 host a meeting of all recipients of grants under subpart #b not less often than once each year2 and 7,p7 convene a work group to continue the development of and recommendations for model criteria1 standards1 and components of inclusive higher education programs and comprehensive transition and postsecondary programs for students with intellectual disabilities1 that are appropriate for the development of accreditation standards-- 7i7 which work group shall include-- 7,i7 an expert in community college education2 7,,ii7 an expert in career technical education2 7,,iii7 an expert in #d-year institutions of higher education2 7,,iv7 an expert in special education2 7,v7 a disability organization that represents students with intellectual disabilities2 7,,vi7 a representative from the ,national ,advisory ,committee on ,institutional ,quality and ,integrity2 and 7,,vii7 a representative of a regional or national accreditation agency or association2 and 7ii7 the work group will carry out the following activities3 7,i7 ,conduct outreach to accrediting agencies4 7,,ii7 ,develop a technical guidance document to support implementation of the model standards4 7,,iii7 ,develop and conduct a protocol for field testing and implementing the model standards4 7,,iv7 ,update recommendations for the model standards1 criteria1 and components of such programs1 as applicable4 7#f7 ,report ,not later than #e years after the date of the establishment of the coordinating center under this subsection1 the coordinating center shall report to the ,secretary1 the authorizing committees1 and the ,national ,advisory ,committee on ,institutional ,quality and ,integrity on the activities described in paragraph 7#e74 7#g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year #bjai and each of the five succeeding fiscal years4 4 7b7 ,authorization of appropriations ,section #ggh of the ,higher ,education ,act of #aife is repealed4 #ajf4 ,definitions ,section #gfj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj7 is amended to read as follows3 #gfj4 ,definitions ,in this part3 7#a7 ,comprehensive transition and postsecondary program for students with intellectual disabilities ,the term comprehensive transition and postsecondary program for students with intellectual disabilities means a program that leads to a degree1 certificate1 or recognized postsecondary credential issued by an institution of higher education that meets each of the following requirements3 7,a7 ,is offered by an institution of higher education4 7,b7 ,is designed to support students with intellectual disabilities who are seeking to continue academic1 career and technical1 and independent living instruction at an institution of higher education in order to prepare for competitive integrated employment4 7,c7 ,includes student advising and a program of study4 7,d7 ,requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institution1 with such participation focusing on academic and career development components and occurring through one or more of the following activities3 7i7 ,regular enrollment in credit-bearing courses with students without disabilities that are offered by the institution4 7ii7 ,auditing or participating in courses with students without disabilities that are offered by the institution and for which the student does not receive regular academic credit4 7iii7 ,enrollment in noncredit-bearing1 nondegree courses with students without disabilities4 7iv7 ,participation in internships1 apprenticeships1 or work-based experiences in competitive integrated settings for a semester1 or multiple semesters4 7,e7 ,requires students with intellectual disabilities to be socially and academically integrated with students without disabilities to the maximum extent practicable4 7,f7 ,does not require the work components 7ii7 to occur each semester4 7#b7 ,disability ,the term disability has the meaning given such term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja4 7#d7 ,office of accessibility ,the term ,office of ,accessibility has the meaning given to the office of disability services of the institution or equivalent office4 7#e7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given the term in section #aja of the ,workforce ,innovation and ,opportunity ,act4 7#f7 ,student with an intellectual disability ,the term student with an intellectual disability means a student-- 7,a7 with a cognitive impairment1 characterized by significant limitations in-- 7i7 intellectual and cognitive functioning2 and 7ii7 adaptive behavior as expressed in conceptual1 social1 and practical adaptive skills2 7,b7 who is currently1 or was formerly1 eligible for a free appropriate public education under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq472 and 7,c7 or1 in the case of a student who has not currently or formerly been found eligible for a free appropriate education under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 or a student who has not previously been found eligible as a student with an intellectual disability under such ,act1 documentation establishing that the student has an intellectual disability1 such as-- 7i7 a documented comprehensive and individualized psycho-educational evaluation and diagnosis of an intellectual disability by a psychologist or other qualified professional2 or 7ii7 a record of the disability from a local or ,state educational agency1 or government agency1 such as the ,social ,security ,administration or a vocational rehabilitation agency1 that identifies the intellectual disability4 7#g7 ,universal design for learning ,the term universal design for learning means a scientifically valid framework for guiding educational practice that-- 7,a7 provides flexibility in the ways information is presented1 in the ways students respond or demonstrate knowledge and skills1 and in the ways students are engaged2 and 7,b7 reduces barriers in instruction1 provides appropriate accommodations1 supports1 and challenges and maintains high achievement expectations for all students1 including students with disabilities and students who are limited ,english proficient4 4 ,,ii ,miscellaneous provisions #bja4 ,submission of data with respect to students with disabilities ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a771 is amended by adding at the end the following3 7#cj7 ,the institution will submit1 for inclusion in the ,integrated ,postsecondary ,education ,data ,system of the ,department or any other ,federal postsecondary institution data collection effort1 key data related to undergraduate and graduate students enrolled at the institution who are formally registered as students with disabilities with the institution's office of accessibility1 including the total number of students with disabilities enrolled1 the number of students accessing or receiving accommodation1 the percentage of students with disabilities of all undergraduate students1 and the total number of undergraduate certificates or degrees awarded to students with disabilities4 ,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 student4 4 #bjb4 ,training for realtime writers to provide closed captioning and court reporting services ,section #hgb7;e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafas7e77 is amended by striking #bjji and inserting #bjai4 #bjc4 ,perfecting amendment ,section #ajc7f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7f77 is amended by striking section #c7b7 and inserting section #c4