Arkansas 2025 Regular Session

Arkansas House Bill HB1766 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 907 of the Regular Session
3		-	CRH065 04-02-2025 10:49:06 CRH065
4		-
5		-	State of Arkansas As Engrossed: H4/2/25 1
	2	+	CRH065 03/12/2025 11:19:30 AM CRH065
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1766 3
8	6		4
9	7		By: Representative Ennett 5
10		-	~~By: Senator B. Davis~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION; 9
14	12		TO CREATE THE ARKANSAS RESPOND, INNOVATE, SUCCEED, 10
15	13		AND EMPOWER (RISE) ACT; AND FOR OTHER PURPOSES. 11
16	14		12
17	15		13
18	16		Subtitle 14
19	17		TO CREATE THE ARKANSAS RESPOND, 15
20	18		INNOVATE, SUCCEED, AND EMPOWER (RISE) 16
21	19		ACT. 17
22	20		18
23	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
24	22		20
25	23		SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 21
26	24		additional subchapter to read as follows: 22
27	25		Subchapter 16 — Students with Disabilities 23
28	26		24
29	27		6-60-1601. Title. 25
30	28		This act shall be known and may be cited as the "Arkansas Respond, 26
31	29		Innovate, Succeed, and Empower (RISE) Act". 27
32	30		28
33	31		6-60-1602. Definitions. 29
34	32		As used in this subchapter: 30
35	33		(1) "Institution of higher education" means a public institution 31
36	34		of higher education, tribal college, or a private institution of higher 32
37	35		education that receives federal funding; 33
38	36		(2) "Plain language" means communication an audience can 34
39	37		understand the first time the audience reads or hears it; and 35
40		-	(3) "Student with a disability" means an admitted or enrolled 36 ~~As Engrossed: H4/2/25~~ HB1766
	38	+	(3) "Student with a disability" means an admitted or enrolled 36 HB1766
41	39
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44		-
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45	41		student who meets the definition of an individual with a disability under the 1
46	42		Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it 2
47	43		existed on January 1, 2025, and includes a student with an intellectual 3
48	44		disability as defined in 34 C.F.R. § 668.231(b), as it existed on January 1, 4
49	45		2025, who is admitted or enrolled in a comprehensive transition or 5
50	46		postsecondary program as defined in 34 C.F.R. § 668.231(a), as it existed on 6
51	47		January 1, 2025. 7
52	48		8
53	49		6-60-1603. Policy — Documentation — Dissemination of information. 9
54	50		(a)(1) Each institution of higher education shall adopt a policy 10
55	51		providing that the documentation under subsection (b) of this section will be 11
56	52		considered in evaluating whether a student is a student with a disability. 12
57	53		(2) The institution of higher education may request additional 13
58	54		documentation if needed to evaluate whether a student is a student with a 14
59	55		disability. 15
60	56		(b) The following information submitted by either an admitted or an 16
61	57		enrolled student will be considered in evaluating whether a student is a 17
62	58		student with a disability: 18
63	59		(1) Documentation that the individual has had an individualized 19
64	60		education program as defined in § 6 -41-217; 20
65	61		(2) Documentation that the individual has received services or 21
66	62		accommodations under a plan under Section 504 of the Rehabilitation Act of 22
67	63		1973, 29 U.S.C. § 794 et seq., as it existed on January 1, 2025; 23
68	64		(3) Documentation of a plan or record of service for the 24
69	65		individual from a private school, a local educational agency, a state 25
70	66		educational agency, or an institution of higher education provided under a 26
71	67		plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et 27
72	68		seq., as it existed on January 1, 2025, or in accordance with the Americans 28
73	69		with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on 29
74	70		January 1, 2025; or 30
75	71		(4) Documentation of a disability due to military service. 31
76	72		(c) The policy adopted under this subsection (a) of this section 32
77	73		shall: 33
78	74		(1) Be transparent and explicit; and 34
79	75		(2) Include information: 35
80		-	(A) Describing the process by which the institution of 36 ~~As Engrossed: H4/2/25~~ HB1766
	76	+	(A) Describing the process by which the institution of 36 HB1766
81	77
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83		-
84		-
	78	+	3 03/12/2025 11:19:30 AM CRH065
85	79		higher education determines eligibility for accommodations for a student with 1
86	80		a disability; and 2
87	81		(B) Regarding any disability resource center or other 3
88	82		areas within the institution of higher education that provide accommodations 4
89	83		for students with disabilities, including without limitation housing and 5
90	84		residence life. 6
91	85		(e) Each institution of higher education shall disseminate the 7
92	86		information required under subsection (c) of this section: 8
93	87		(1) To applicants, students, parents, and faculty in plain 9
94	88		language and in formats consistent with the Americans with Disabilities Act 10
95	89		of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025; and 11
96	90		(2) During the student application process, at student 12
97	91		orientation, in academic catalogs, and on the institution of higher 13
98	92		education's public website. 14
99	93		15
100	94		6-60-1604. Establishment of reasonable accommodation. 16
101	95		(a)(1) An institution of higher education shall engage in an 17
102	96		interactive process to: 18
103	97		(A) Document the accommodation needs of a student with a 19
104	98		disability; and 20
105	99		(B) Establish a reasonable accommodation or accommodations 21
106	100		for a student with a disability. 22
107	101		(2) The institution of higher education may request additional 23
108	102		documentation if needed during the interactive process. 24
109	103		(b)(1) An institution of higher education shall include a 25
110	104		representative list of reasonable accommodations and disability resources for 26
111	105		students with a disability that is accessible to applicants, students, 27
112	106		parents, and faculty in plain language and in formats consistent with the 28
113	107		Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it 29
114	108		existed on January 1, 2025. 30
115	109		(2) Before a determination that a reasonable accommodation or 31
116	110		disability resource presented on a representative list for students with a 32
117	111		disability is provided under subdivision (b)(1) of this section, the student 33
118	112		shall present written documentation indicating the need for the reasonable 34
119	113		accommodation or disability resource. 35
120		-	(3) The information required under subdivision (b)(1) of this 36 ~~As Engrossed: H4/2/25~~ HB1766
	114	+	(3) The information required under subdivision (b)(1) of this 36 HB1766
121	115
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125	117		section shall be provided during the student application process, at student 1
126	118		orientation, in academic catalogs, and on the institution of higher 2
127	119		education's public website. 3
128	120		(c) The reasonable accommodations and disability resources available 4
129	121		to students shall be individualized and not limited to the list provided 5
130	122		under subsection (b) of this section. 6
131	123		7
132	124		6-60-1605. Requirements for institutions of higher education. 8
133	125		Each institution of higher education shall: 9
134	126		(1) Advise admitted students who have self -identified as having 10
135	127		a disability for which they are requesting an accommodation of the process 11
136	128		for requesting accommodations; 12
137	129		(2) Not require a student to be reevaluated for the presence of 13
138	130		a permanent disability if the student previously provided proof to the 14
139	131		institution of higher education of a permanent disability status; and 15
140	132		(3) Have an established process to follow if an instructor or 16
141	133		academic office believes that an accommodation would fundamentally or 17
142	134		substantially alter an essential requirement of a course or program or pose 18
143	135		an undue burden on the institution of higher education. 19
144	136		20
145	137		SECTION 2. EFFECTIVE DATE. Section 1 of this act is effective January 21
146	138		1, 2026. 22
147	139		23
148		-	~~/s/Ennett~~ 24
	140	+	24
149	141		25
150	142		26
151		-	~~APPROVED: 4/21/25~~ 27
	143	+	27
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153	145		29
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