S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10468
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
   read once and referred to the Committee on Higher Education
 
 AN ACT establishing the "removing barriers to higher  education  success
   act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "removing barriers to higher education success act".
   §  2.  Definition.  For  purposes  of this act, "public institution of
 higher education" shall mean the state university of New  York  and  the
 city university of New York.
   §  3.  Students  with  disabilities  policy and documentation; dissem-
 ination of information. 1. Each public institution of  higher  education
 shall  adopt  a  policy that makes any of the documentation described in
 subdivision two of this section submitted by  an  enrolled  or  admitted
 student  sufficient to establish that such student is an individual with
 a disability.
   2. Such policy required pursuant to  subdivision  1  of  this  section
 shall  provide  that  any of the following documentation submitted by an
 enrolled or admitted student is sufficient to establish that the student
 is an individual with a disability:
   (a) documentation that the individual has had an individualized educa-
 tion program (IEP) in accordance with section 614(d) of the  Individuals
 with  Disabilities Education Act, 20 USC 1400 et seq.  The public insti-
 tution of higher education may request additional documentation from  an
 individual  who  has had an IEP if the IEP was not in effect immediately
 prior to the date when the individual exited high school;
   (b) documentation that the individual has received services or  accom-
 modations  provided  to the individual under a Section 504 plan provided
 to the individual pursuant to section 504 of the Rehabilitation  Act  of
 1973, 29 USC 701 et seq.  The public institution of higher education may
 request  additional  documentation  from  an individual who has received
 services or accommodations provided to the individual  under  a  Section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14132-02-4
              

 A. 10468                            2
 
 504  plan if the Section 504 plan was not in effect immediately prior to
 the date when the individual exited high school;
   (c)  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 pursuant to section 504 of the Rehabilitation Act of 1973 or in
 accordance with the Americans with Disabilities Act of 1990;
   (d) a record or evaluation from a relevant licensed professional find-
 ing that the individual has a disability;
   (e) a plan or record of disability from another institution of  higher
 education; or
   (f)  documentation  of  a  disability  due  to military service in the
 uniformed services.
   3. The policy adopted pursuant to subdivision 1 of this section  shall
 be  transparent  and explicit regarding information about the process by
 which the public institution of higher education determines  eligibility
 for  accommodations  for  an  individual  with a disability. Each public
 institution of higher education shall disseminate  such  information  to
 students,  parents,  and faculty in accessible formats, including during
 any student orientation, and make the information readily available on a
 public website of the institution.
   4. A public institution of higher education may establish less burden-
 some criteria than the criteria described in this section  to  establish
 whether an enrolled or admitted student is an individual with a disabil-
 ity.
   §  4.  Establishment of reasonable accommodation. A public institution
 of higher education shall engage in an interactive process to  establish
 a  reasonable  accommodation, including requesting additional documenta-
 tion, if needed, for an individual pursuant to section 504 of the  Reha-
 bilitation Act of 1973 and the Americans with Disabilities Act of 1990.
   §  5.  Construction  with  federal  law.  Nothing in this act shall be
 construed to conflict with  the  terms  "reasonable  accommodation"  and
 "record of such an impairment" under the Americans with Disabilities Act
 of  1990  or  the  rights  or remedies provided under the Americans with
 Disabilities Act of 1990.
   § 6. This act shall take effect January 1, 2025. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.