,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebjd ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjai,ms4 ,porter 7for herself1 ,mr4 ,courtney1 and ,ms4 ,mucarsel-,powell7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,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 for mental health and substance use disorder policies of institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,mental ,health ,rights ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,nearly all institutions of higher education are subject to-- 7,a7 the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaja et seq472 7,b7 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 or 7,c7 the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq474 7#b7 ,the laws described in paragraph 7#a7 prohibit discrimination on the basis of disability1 defined as with respect to an individual1 a physical or mental impairment that substantially limits one or more major life activities of such individual1 a record of such an impairment1 or being regarded as having such an impairment under section #c7a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7a774 7#c7 ,under section #b7;a77#c7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja7;a77#c771 ,congress found that discrimination against individuals with disabilities persists in such critical areas as employment1 housing1 public accommodations1 education1 transportation1 communication1 recreation1 institutionalization1 health services1 voting1 and access to public services4 7#d7 ,the laws described in paragraph 7#a7 prohibit institutions of higher education from discriminating against students with disabilities1 including by failing to provide reasonable accommodations or reasonable modifications to such students so that such students are able to fully participate in university life4 7#e7 ,the laws described in paragraph 7#a7 prohibit institutions of higher education from discriminating against students with a mental health disabilities1 including by failing to provide the reasonable accommodations or reasonable modifications to such a student4 7#f7 ,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 crises1 in many cases-- 7,a7 requiring such students to leave the institution of higher education2 7,b7 evicting such students from on-campus housing2 and 7,c7 establishing excessive and unnecessary impediments to the return of such students to the institution of higher education4 #c4 ,study 7a7 ,requirement ,not later than ,june #cj1 #bjba1 the ,secretary shall complete a study on mental health conditions and substance use conditions including-- 7#a7 the prevalence of such conditions among students at institutions of higher education and policies to support students with respect to such conditions2 7#b7 the policies of institutions of higher education with respect to students considering a leave of absence or return from absence due to such conditions2 and 7#c7 best practices for supporting students at institutions of higher education in making decisions regarding the management of such conditions1 including the effect such practices have on graduation rates and degree completion4 7b7 ,report ,the ,secretary shall submit to the ,house ,committee on ,education and ,labor a report on the findings of the study required by subsection 7a74 #d4 ,guidance ,not later than ,june #cj1 #bjba1 the ,secretary shall1 in consultation with the ,assistant ,attorney ,general of the ,civil ,rights ,division of the ,department of ,justice1 issue guidance on-- 7#a7 the compliance of institutions of higher education with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 with respect to students with mental health conditions2 7#b7 the legal obligations of institutions of higher education with respect to accommodating students with mental health conditions and students with substance use conditions2 and 7#c7 policies of institutions of higher education which may have a disparate impact on students with mental health conditions and students with substance use conditions4 #e4 ,definitions 7a7 ,institution of ,higher ,education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7b7 ,secretary ,the term ,secretary means the ,secretary of ,education4