What changed between these versions
A substantive modification. v2 expands the scope of required data collection on students with disabilities to include graduate students, clarifies the acceptable documentation for disability status, and specifies that policies for accommodations must align with federal disability laws. Additionally, v2 includes conforming amendments to update cross-references throughout the Higher Education Act and Title 38.
Overview
A handful of significant changes across several sections. · v2 clarifies and expands certain provisions related to disability documentation and data collection, and adds necessary conforming amendments.
The most important change in v2 is the expansion of data collection requirements under Section 487(a) to include graduate students, whereas v1 only specified undergraduate students. Additionally, v2 clarifies the types of documentation institutions must accept to establish disability status, particularly for IEPs and Section 504 plans, and specifies that accommodation policies must be consistent with federal disability laws. Finally, v2 introduces a new subsection for conforming amendments to correctly update cross-references within the Higher Education Act and Title 38 due to the renumbering of paragraphs.
Major additions
This new subsection introduces a series of conforming amendments to the Higher Education Act of 1965 and Title 38, United States Code. These amendments update specific cross-references to Section 487(a) paragraphs that were renumbered in Section 5(a) of v2.
The addition of conforming amendments is crucial for maintaining the integrity and accuracy of legal references within the Higher Education Act and Title 38. Without these, other parts of the law referencing Section 487(a) would point to incorrect or non-existent provisions, potentially causing legal confusion or rendering certain provisions inoperative.
Modifications
This change broadens the circumstances under which an institution must accept an IEP as sufficient documentation of a disability. It clarifies that the IEP's utilization at any point in high school is sufficient, regardless of when the underlying evaluation occurred, potentially making it easier for students to establish disability status.
Before
Documentation for an Individualized Education Program (IEP) is sufficient if the IEP was "utilized in high school."
After
Documentation for an IEP is sufficient if the IEP was "utilized at any point in high school (without regard as to whether the date of the student's most recent evaluation or reevaluation occurred before the student entered high school)."
Similar to the IEP change, this modification broadens the acceptance criteria for Section 504 plans, making it potentially easier for students to establish their disability status by clarifying that utilization at any point in high school is sufficient, irrespective of the evaluation date.
Before
Documentation for a Section 504 plan is sufficient if the plan was "utilized in high school."
After
Documentation for a Section 504 plan is sufficient if the plan was "utilized at any point in high school (without regard as to whether the date of the student's most recent evaluation or reevaluation occurred before the student entered high school)."
This modification explicitly ties institutional policies for accommodations to federal disability laws (ADA and Section 504), ensuring that institutions' processes for determining eligibility are aligned with established legal standards for "reasonable accommodations or modifications." This provides a clearer legal basis for students seeking support.
Before
Institutions must adopt transparent policies regarding eligibility for "accommodations."
After
Institutions must adopt transparent policies regarding eligibility for "reasonable accommodations or modifications consistent with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)."
This ensures consistency in terminology throughout the paragraph, reflecting the broader scope of "reasonable accommodations or modifications" as defined by federal disability laws.
Before
Institutions are not precluded from establishing less burdensome criteria for individuals "eligible for accommodations."
After
Institutions are not precluded from establishing less burdensome criteria for individuals "eligible for reasonable accommodations or modifications."
No operative impact; the authorized amount and period remain identical. This is a very minor change with no substantive effect on funding.
Before
Authorizes "a total of $10,000,000 for fiscal years 2027 through 2031."
After
Authorizes "$10,000,000 for the period of fiscal years 2027 through 2031."
This significantly broadens the data collection mandate, requiring institutions to report on graduate students with disabilities in addition to undergraduates. This will provide a more comprehensive understanding of disability services and outcomes across all levels of postsecondary education.
Before
Requires institutions to submit data related to "undergraduate students" with disabilities.
After
Requires institutions to submit data related to "undergraduate and graduate students" with disabilities.
This modification aligns the data collection terminology with the updated language in Section 3 and expands the scope to include both undergraduate and graduate students, ensuring consistency and a more detailed reporting of support services.
Before
Data includes "the number of students accessing or receiving accommodations."
After
Data includes "the number of undergraduate and graduate students accessing or receiving reasonable accommodations or modifications."
This ensures that all specified data metrics related to disability services and outcomes are collected for both undergraduate and graduate students, providing a more complete picture of support and success for students with disabilities in higher education.
Before
Data points (total registered, percentage enrolled, degrees awarded) refer only to "undergraduate students."
After
Data points (total registered, percentage enrolled, degrees awarded) refer to "undergraduate and graduate students."
This modification broadens the scope of the rule of construction to explicitly include "reasonable modification" and Section 504 of the Rehabilitation Act, ensuring that the bill's changes do not inadvertently alter the interpretation or rights under these key federal disability laws.
Before
States that amendments do not affect the meaning of "reasonable accommodation" or "record of impairment" under the Americans with Disabilities Act of 1990 (ADA) or rights/remedies under "such Act."
After
States that amendments do not affect the meanings of "reasonable accommodation," "reasonable modification," and "record of impairment" under the ADA or Section 504 of the Rehabilitation Act of 1973, or rights/remedies under "such Acts."
Scope
Meaningful expansion or narrowing — Changes are scattered throughout the bill, affecting multiple sections of the Higher Education Act of 1965 and requiring conforming amendments in other federal statutes. — v2 represents a refinement and expansion of the policy direction established in v1, primarily by broadening data collection requirements and clarifying legal alignment for disability services. — The changes interact significantly with existing provisions by renumbering paragraphs in Section 487(a) and requiring explicit conforming amendments in other parts of the Higher Education Act and Title 38. The expanded data collection also integrates with the Integrated Postsecondary Education Data System (IPEDS).
Impact analysis
Postsecondary institutions (colleges and universities)
Procedural change and increased responsibility
Required to collect and submit data on graduate students with disabilities in addition to undergraduates. Also, required to align accommodation policies more explicitly with ADA and Section 504, and accept a broader range of documentation for disability status.
Graduate students with disabilities
Gain (increased visibility and potential for improved support)
Their data (registration, accommodations, degrees awarded) will now be collected and reported by institutions, which was not explicitly required in v1.
Students with disabilities seeking accommodations in college
Gain (clearer pathways to support, stronger legal backing for accommodations)
Institutions must accept a broader range of documentation (e.g., IEPs/504 plans utilized "at any point in high school") and their accommodation policies must be transparent and consistent with federal disability laws (ADA, Section 504).
Federal agencies (e.g., Department of Education, IPEDS)
Gain (improved data for analysis and oversight)
Will receive more comprehensive data on students with disabilities, including graduate students, and more specific information on accommodations and modifications.