S. 3589

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3589 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 3589

To amend the Higher Education Act of 1965 to provide students with 
disabilities and their families with access to critical information 
needed to select the right college and succeed once enrolled.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

January 7, 2026

Mr. Banks (for himself, Ms. Hassan, Mr. Cassidy, Mr. Van Hollen, Mr. 
Young, and Ms. Smith) introduced the following bill; which was read 
twice and referred to the Committee on Health, Education, Labor, and 
Pensions

_______________________________________________________________________

A BILL

To amend the Higher Education Act of 1965 to provide students with 
disabilities and their families with access to critical information 
needed to select the right college and succeed once enrolled.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Respond, Innovate, Succeed, and 
Empower Act'' or the ``RISE Act''.

SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.

Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 
1003(6)) is amended by striking ``section 3(2)'' and inserting 
``section 3''.

SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED 
IN COLLEGE.

Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by adding at the end the following:
``(30)(A) The institution will carry out the following:
``(i) Adopt policies that make any of the following 
documentation submitted by an individual sufficient to 
establish that such individual is an individual with a 
disability:
``(I) Documentation that the individual has 
had an individualized education program 
(referred to in this paragraph as an `IEP') in 
accordance with section 614(d) of the 
Individuals with Disabilities Education Act, if 
the IEP for the student was utilized in high 
school.
``(II) Documentation describing services or 
accommodations provided to the individual 
pursuant to section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) (referred to in 
this paragraph as a `Section 504 plan'), if the 
Section 504 plan for the student was utilized 
in high school.
``(III) A plan or record of service for the 
individual from a private high school, a local 
educational agency, a State educational agency, 
or an institution of higher education provided 
in accordance with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.).
``(IV) A record or evaluation from a 
relevant licensed professional finding that the 
individual has a disability.
``(V) A plan or record of disability from 
another institution of higher education.
``(VI) Documentation of a disability due to 
service in the uniformed services, as defined 
in section 484C(a).
``(ii) Adopt policies that are transparent and 
explicit regarding information about the process by 
which the institution determines eligibility for 
accommodations.
``(iii) Disseminate such information to students, 
parents, and faculty in an accessible format, including 
during any student orientation and making such 
information readily available on a public website of 
the institution.
``(B) Nothing in this paragraph shall be construed to 
preclude an institution from establishing less burdensome 
criteria than that described in subparagraph (A) to establish 
an individual as an individual with a disability and therefore 
eligible for accommodations.''.

SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION 
AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH 
DISABILITIES.

Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 
1140q(a)) is amended--
(1) in paragraph (1), by striking ``From amounts 
appropriated under section 778,'' and inserting ``From amounts 
appropriated under paragraph (5),''; and
(2) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized 
to be appropriated to carry out this subsection a total of 
$10,000,000 for fiscal years 2027 through 2031.''.

SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.

Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)), as amended by section 3, is further amended by adding at the 
end the following:
``(31)(A) The institution will submit, for inclusion in the 
Integrated Postsecondary Education Data System (IPEDS) or any 
other Federal postsecondary institution data collection effort, 
key data related to undergraduate students enrolled in the 
institution who are formally registered as students with 
disabilities with the institution's office of disability 
services (which, for purposes of this paragraph, includes an 
equivalent office), including--
``(i) the total number of students registered with 
the institution's office of disability services;
``(ii) the number of students accessing or 
receiving accommodations, as voluntarily reported to 
the institution's office of disability services;
``(iii) the percentage of undergraduate students 
enrolled in the institution who are registered with the 
institution's office of disability services; and
``(iv) the total number of undergraduate 
certificates or degrees awarded to students registered 
with the institution's office of disability services.
``(B) Notwithstanding subparagraph (A), an institution 
shall not be required to submit information under this 
paragraph if the number of such students would reveal 
personally identifiable information about an individual 
student.''.

SEC. 6. RULE OF CONSTRUCTION.

None of the amendments made by this Act shall be construed to 
affect the meaning of the terms ``reasonable accommodation'' or 
``record of impairment'' under the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under 
such Act.
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