H.R. 3939 — RISE Act

This section requires institutions participating in federal student aid programs under the Higher Education Act of 1965 to enter into a program participation agreement that includes new requirements related to accommodations for students with disabilities (sec. 487(a)(30)). Specifically, the institution must (1) adopt policies deeming any of the following sufficient to establish disability status—(I) an individualized education program (IEP) under the Individuals with Disabilities Education Act (even if not current, though additional documentation may be requested if the individual was later deemed ineligible); (II) a Section 504 plan under the Rehabilitation Act of 1973; (III) a plan or record of services under the Americans with Disabilities Act from a private school, local or state educational agency, or institution of higher education; (IV) a record or evaluation from a relevant licensed professional; (V) a plan or record from another institution of higher education; or (VI) documentation of a uniformed services-related disability; (2) adopt transparent and explicit policies on the accommodation eligibility process; and (3) disseminate such information accessibly to students, parents, and faculty (including at orientation and on the institution's public website). Institutions may establish less burdensome criteria.

This section authorizes $10 million for the National Center for Information and Technical Support for Postsecondary Students with Disabilities (previously funded from amounts appropriated under section 778 of the Higher Education Act of 1965). (As background, the National Center provides information and technical assistance to students with disabilities and their families, including supports for transitioning from secondary school to postsecondary education and research-based accommodations available in higher education settings.)

This section requires institutions to submit specified data on undergraduate students formally registered as students with disabilities with the institution's office of disability services (or equivalent office), for inclusion in the Integrated Postsecondary Education Data System (IPEDS) or any other federal postsecondary institution data collection effort, as a condition of their program participation agreement under Title IV of the Higher Education Act of 1965. The required data includes (1) the total number of such students enrolled, (2) the number accessing or receiving accommodations, (3) the percentage of all undergraduate students who are students with disabilities, and (4) the total number of undergraduate certificates or degrees awarded to such students. (Institutions are not required to submit the data if it would reveal personally identifiable information about an individual student.)

This section provides that none of the amendments made by this Act affect the meaning of the terms "reasonable accommodation" or "record of impairment" under the Americans with Disabilities Act of 1990, or the rights or remedies provided under that Act.