,,ii  #aahth ,,congress  #ast ,session  
,s4 #bafc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bb1     
#bjbc,mr4 ,markey introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 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 #aiij 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 of #aiij 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 postsecondary life4  7#e7
 ,the laws described in paragraph 7#a7  
prohibit institutions of higher         
education from discriminating against   
students with mental health             
disabilities1 including by failing to   
provide 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 re-enrollment of such
 students to the institution of higher  
education4  #c4 ,study and report  7a7  
,voluntary reporting ,not later than    
#abj days after the date of the         
enactment of this ,act1 the ,secretary  
shall solicit from students at          
institutions of higher education1 on a  
voluntary basis and in a manner that    
protects the confidentiality of such    
students1 information with respect to   
mental health disabilities and substance
 use disorders at such institutions of  
higher education4  7b7 ,study and report
 ,not later than #a year after the date 
of the enactment of this ,act1 the      
,secretary shall-- 7#a7 complete a study
 on mental health disabilities and      
substance use disorders at institutions 
of higher education1 including-- 7,a7   
using the information voluntarily       
reported by students under subsection   
7a71 the prevalence of such disabilities

 and disorders1 disaggregated by type of
 disability or disorder 7including      
disabilities and disorders related to   
hearing1 vision1 cognition1 ambulatory1 
self-care1 independent living1 mental   
health1 and any other category          
determined appropriate by the           
,secretary71 among students at          
institutions of higher education and    
policies to support students with       
respect to such disabilities and        
disorders2  7,b7 the policies of        
institutions of higher education with   
respect to students who1 due to such a  
condition1 are considering a voluntary  
leave of absence or are required to take
 a mandatory or involuntary leave of    
absence1 or return from such an absence1
 and compliance by institutions of      
higher education with such policies2 and
  7,c7 best practices for supporting    
students at institutions of higher      
education in managing such disabilities 
and disorders1 including the effect such
 practices have on graduation rates and 

degree completion2 and  7#b7 submit to  
the ,committee on ,education and the    
,workforce of the ,house of             
,representatives and the ,committee on  
,health1 ,education1 ,labor1 and        
,pensions of the ,senate a report on the
 findings of the study completed under  
paragraph 7#a74  #d4 ,guidance ,not     
later than #ahj days after the date on  
which the report is submitted under     
section #c7;b71 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 and section   
#ejd of the ,rehabilitation ,act of     
#aigc 7#bi ,u4,s4,c4 #gid7 with respect 
to students with mental health          
disabilities2  7#b7 the legal           
obligations of institutions of higher   
education with respect to accommodating 

students with mental health disabilities
 and students with substance use        
disorders2 and  7#c7 policies of        
institutions of higher education which  
may have a discriminatory impact on     
students with mental health disabilities
 and students with substance use        
disorders4  #e4 ,definitions ,in this   
,act3 7#a7 ,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  7#b7 ,secretary  
,the term ,secretary means the          
,secretary of ,education4