PRINTER'S NO. 111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
113
Session of
2019
INTRODUCED BY D. MILLER, MURT, SOLOMON, SCHLOSSBERG, McNEILL,
MULLINS, T. DAVIS, OTTEN, WARREN, CALTAGIRONE, HILL-EVANS,
YOUNGBLOOD AND DEASY, JANUARY 28, 2019
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 28, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for students with
disabilities at institutions of higher education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XX-I
S TUDENTS WITH DISABILITIES
AT INSTITUTIONS OF HIGHER EDUCATION
Section 2001-I. 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
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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-I. 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-I. 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:
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(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
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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.
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