PRINTER'S NO. 305
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
342
Session of
2023
INTRODUCED BY D. MILLER, VENKAT, MADDEN, CERRATO, SANCHEZ,
McNEILL, KAZEEM, ABNEY, HOHENSTEIN, DELLOSO, FLEMING,
GALLOWAY, KINKEAD, FRANKEL, MALAGARI AND O'MARA,
MARCH 13, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 13, 2023
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-L
STUDENTS WITH DISABILITIES AT
INSTITUTIONS OF HIGHER EDUCATION
Section 2001-L. 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 20 U.S.C.
Ch. 33 (relating to education of individuals with disabilities)
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-L. 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-L. 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 20
U.S.C. § 1414(d) (relating to evaluations, eligibility
determinations, individualized education programs, and
educational placements), 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 20 U.S.C. Ch. 33 (relating to
education of individuals with disabilities), including an
individual determined to be ineligible during elementary
school.
(ii) Documentation describing services or
accommodations provided to the student in accordance with
29 U.S.C. § 794 (relating to nondiscrimination under
Federal grants and programs).
(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 42 U.S.C. Ch. 126
(relating to equal opportunity for individuals with
disabilities).
(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
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the uniformed services as defined in 20 U.S.C. § 1091c(a)
(relating to readmission requirements for
servicemembers).
(2) Adopt policies that are transparent and explicit
regarding information about the process by which the
institution of higher education determines eligibility for
accommodations for students with disabilities.
(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 2004-L. Construction.
Nothing in this article shall be construed to preclude an
institution of higher education from establishing less
burdensome criteria than that described in this article to
establish an individual as an individual with a disability and
therefore eligible for accommodations.
Section 2. This act shall take effect in 60 days.
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