HB 85 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for students with disabilities at institutions of higher education.

Bill Text

• Printer's No. 0058 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes new requirements for supporting students with disabilities at institutions of higher education in Pennsylvania.

• Public School Code of 1949

  ARTICLE XX-K STUDENTS WITH DISABILITIES AT INSTITUTIONS OF HIGHER EDUCATION Section 2001-K. Definitions. The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Individualized Education Program" or "IEP." A written statement for a child with a disability that is developed, reviewed or revised in a meeting in accordance with the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code Ch. 14 (relating to special education services and programs). "Institution of higher education." Any of the following: (1) An institution of the State System of Higher Education created under Article XX-A. (2) A community college created under Article XIX-A. (3) The Pennsylvania State University, the University of Pittsburgh, Temple University, Lincoln University and their branch campuses. (4) An institution as the term is defined under 24 Pa.C.S. § 6501(a) (relating to applicability of chapter) that is accredited by the Middle States Commission on Higher Education. Section 2002-K. Student with a disability transition planning requirement. No later than upon entering the twelfth grade, IEP transition planning for a student who is an individual with a disability shall identify and include student goals that are likely to continue to need to be addressed should the student attend an institution of higher education. Section 2003-K. Supporting students with disabilities to succeed once enrolled. An institution of higher education shall: (1) Adopt policies that, at a minimum, make the following documentation submitted by a student sufficient to establish that the student is an individual with a disability: (i) Documentation that the student has had an individualized education program in accordance with section 614(d) of the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1414), including an IEP that may not be current or up-to-date on the date of the determination. If the IEP is not current, the last-adopted IEP may be submitted as documentation. The institution may ask for additional documentation from the student if the individual was found ineligible for services or exited from eligibility under the Individuals with Disabilities Education Act during elementary school. (ii) Documentation that the student has had a plan prepared under section 504 of the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794). (iii) A plan or record of service for the student from a private school, a local educational agency, a State educational agency or another institution of higher education provided in accordance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 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 484(c) of the Higher Education Act of 1965 (Public Law 89-329, 20 U.S.C. § 1091). (2) Adopt policies that are transparent and explicit regarding information about the process by which the institution of higher education determines eligibility for accommodations relating to students with disabilities and how such issues are addressed. (3) Disseminate the information to students, parents and faculty in an accessible format, including during a student orientation, and make the information readily available on a publicly accessible Internet website of the institution of higher education. Section 2. This act shall take effect in 60 days.

  This change introduces a new article focused on support for students with disabilities in higher education.

Action History

1. January 11, 2021

   PN 0058 Referred to EDUCATION

Sponsors

• Galloway · Cosponsor
• Carol Hill-Evans · Cosponsor
• Jeanne McNeill · Cosponsor
• Benjamin V. Sanchez · Cosponsor
• Lee · Cosponsor
• Joseph C. Hohenstein · Cosponsor
• Driscoll · Cosponsor
• Michael H. Schlossberg · Cosponsor
• Kristine C. Howard · Cosponsor
• Jennifer O'Mara · Cosponsor
• Danielle Friel Otten · Cosponsor
• Daniel J. Deasy · Cosponsor
• Peter Schweyer · Cosponsor
• Emily Kinkead · Cosponsor
• Gainey · Cosponsor
• Brett R. Miller · Primary

Subjects