HF 4565

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:45pm

A bill for an act
relating to higher education; specifying documentation and other requirements for
higher education students with a disability; proposing coding for new law in
Minnesota Statutes, chapter 135A; repealing Minnesota Statutes 2022, section
135A.16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.163] STUDENTS WITH DISABILITIES; ACCOMMODATIONS;
GENERAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act may be cited as the "Minnesota Respond, Innovate,
Succeed, and Empower (RISE) Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Institution of higher education" means a public institution of higher education,
Tribal colleges, and private institutions of higher education that receive federal funding.
The Board of Regents of the University of Minnesota is requested to comply with this
section.
new text end

new text begin (c) "Plain language" is communication the audience can understand the first time the
audience reads or hears it.
new text end

new text begin (d) "Student with a disability" is an admitted or enrolled student who meets the definition
of an individual with a disability under the Americans with Disabilities Act and includes a
student with an intellectual disability as defined in Code of Federal Regulations, title 34,
section 668.231, who is admitted or enrolled in a comprehensive transition and postsecondary
program.
new text end

new text begin Subd. 3. new text end

new text begin Students with disabilities policy; documentation; dissemination of
information. new text end

new text begin (a) Each institution of higher education shall adopt a policy making the
documentation under paragraph (b) sufficient to establish that a student is an individual
with a disability.
new text end

new text begin (b) The following documentation submitted by either an admitted or an enrolled student
is sufficient to establish that the student is an individual with a disability:
new text end

new text begin (1) documentation that the individual has had an individualized education program (IEP).
The institution of higher education may request additional documentation from an individual
who has had an IEP if the IEP was not in effect immediately before the date when the
individual exited high school;
new text end

new text begin (2) documentation that the individual has received services or accommodations under
a section 504 plan. The institution of higher education may request additional documentation
from an individual who has received services or accommodations provided to the individual
under a section 504 plan if the section 504 plan was not in effect immediately before the
date when the individual exited high school;
new text end

new text begin (3) documentation of a plan or record of service for the individual from a private school,
a local educational agency, a state educational agency, or an institution of higher education
provided under a section 504 plan or in accordance with the Americans with Disabilities
Act of 1990;
new text end

new text begin (4) a record or evaluation from a relevant licensed professional finding that the individual
has a disability;
new text end

new text begin (5) a plan or record of a disability from another institution of higher education; or
new text end

new text begin (6) documentation of a disability due to military service.
new text end

new text begin (c) An institution of higher education may establish less burdensome criteria to determine
if an enrolled or admitted student is an individual with a disability.
new text end

new text begin (d) The policy adopted under this section must be transparent and explicit, including
information describing the process by which the institution of higher education determines
eligibility for accommodations for an individual with a disability and information about the
disability resource center and other areas within the institution that provide student
accommodations, such as housing and residence life. Each institution of higher education
shall disseminate the information to applicants, students, parents, and faculty in plain
language accessible formats. This information must be available in languages that reflect
the primary languages of the institution's student body. The information must be available
during the student application process, student orientation, and in academic catalogs and
on the institution's public website.
new text end

new text begin Subd. 4. new text end

new text begin Establishment of reasonable accommodation. new text end

new text begin (a) An institution of higher
education shall engage in an interactive process to document the student's accommodation
needs and establish a reasonable accommodation, including requesting additional
documentation if needed.
new text end

new text begin (b) An institution of higher education shall include a representative list of reasonable
accommodations and disability resources for individuals with a disability that is accessible
to applicants, students, parents, and faculty in plain language accessible formats. This
information must be available in languages that reflect the primary languages of the
institution's student body. The information must be provided during the student application
process, student orientation, and in academic catalogs and on the institution's public website.
The reasonable accommodations and disability resources available to students are
individualized and not limited to the list.
new text end

new text begin Subd. 5. new text end

new text begin Higher education requirements for students with disabilities. new text end

new text begin Institutions
of higher education shall:
new text end

new text begin (1) prior to the beginning of the term, contact admitted students and inquire as to whether
the student has a disability for which they may request an accommodation;
new text end

new text begin (2) initiate contact with admitted students who have self-identified as having a disability
for which they are requesting an accommodation;
new text end

new text begin (3) not require a student to be reevaluated for the presence of a permanent disability if
the student previously provided proof of their disability status;
new text end

new text begin (4) provide the student's accommodation letter to the student's instructors at the beginning
of each semester if the student gives affirmative permission to share the information;
new text end

new text begin (5) require an instructor who refuses or cannot provide accommodations to provide a
written statement detailing why an accommodation is not provided to the student with a
disability and submit that information to the student, and the person or office responsible
for arranging accommodations; and
new text end

new text begin (6) allow a student with a disability who is denied accommodations to withdraw from
the class without academic or financial penalty.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 135A.16, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07211

135A.16 POLICY FOR STUDENTS WITH DISABILITIES.

Subdivision 1.

Development.

Each public postsecondary governing board shall have a policy to provide for the needs of enrolled or admitted students on its campuses who have disabilities under section 504 of the Rehabilitation Act of 1973, Public Law 93-112. Governing boards of private postsecondary institutions are requested to develop similar policies.

Subd. 2.

Content.

Each policy shall include a list of services each campus must make available to any student who, through a recent assessment, can document a disability. The following three services must be included in the policy:

(1) support, counseling, and information that may include support groups, individual counseling, career counseling and assessment, and referral services;

(2) academic assistance services that may include early registration services, early syllabus availability, course selection and program advising, coursework and testing assistance and modification, and tutoring; and

(3) advocacy services that may include a designated ombudsman serving as the primary contact and coordinator for students needing services, assistance in working individually with faculty and administrators, intervention procedures, and grievance procedures.

Subd. 3.

Availability.

The policy and related information must be readily available to enrolled students and applicants for admission. At a minimum, information on services, including a contact person and location, must be included in the campus catalog and in the schedule of course offerings each term.