Stricken language would be deleted from and underlined language would be added to present law.
Act 907 of the Regular Session
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State of Arkansas As Engrossed: H4/2/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1766 3
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By: Representative Ennett 5
By: Senator B. Davis 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION; 9
TO CREATE THE ARKANSAS RESPOND, INNOVATE, SUCCEED, 10
AND EMPOWER (RISE) ACT; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO CREATE THE ARKANSAS RESPOND, 15
INNOVATE, SUCCEED, AND EMPOWER (RISE) 16
ACT. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 21
additional subchapter to read as follows: 22
Subchapter 16 — Students with Disabilities 23
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6-60-1601. Title. 25
This act shall be known and may be cited as the "Arkansas Respond, 26
Innovate, Succeed, and Empower (RISE) Act". 27
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6-60-1602. Definitions. 29
As used in this subchapter: 30
(1) "Institution of higher education" means a public institution 31
of higher education, tribal college, or a private institution of higher 32
education that receives federal funding; 33
(2) "Plain language" means communication an audience can 34
understand the first time the audience reads or hears it; and 35
(3) "Student with a disability" means an admitted or enrolled 36 As Engrossed: H4/2/25 HB1766
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student who meets the definition of an individual with a disability under the 1
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it 2
existed on January 1, 2025, and includes a student with an intellectual 3
disability as defined in 34 C.F.R. § 668.231(b), as it existed on January 1, 4
2025, who is admitted or enrolled in a comprehensive transition or 5
postsecondary program as defined in 34 C.F.R. § 668.231(a), as it existed on 6
January 1, 2025. 7
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6-60-1603. Policy — Documentation — Dissemination of information. 9
(a)(1) Each institution of higher education shall adopt a policy 10
providing that the documentation under subsection (b) of this section will be 11
considered in evaluating whether a student is a student with a disability. 12
(2) The institution of higher education may request additional 13
documentation if needed to evaluate whether a student is a student with a 14
disability. 15
(b) The following information submitted by either an admitted or an 16
enrolled student will be considered in evaluating whether a student is a 17
student with a disability: 18
(1) Documentation that the individual has had an individualized 19
education program as defined in § 6 -41-217; 20
(2) Documentation that the individual has received services or 21
accommodations under a plan under Section 504 of the Rehabilitation Act of 22
1973, 29 U.S.C. § 794 et seq., as it existed on January 1, 2025; 23
(3) Documentation of a plan or record of service for the 24
individual from a private school, a local educational agency, a state 25
educational agency, or an institution of higher education provided under a 26
plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et 27
seq., as it existed on January 1, 2025, or in accordance with the Americans 28
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on 29
January 1, 2025; or 30
(4) Documentation of a disability due to military service. 31
(c) The policy adopted under this subsection (a) of this section 32
shall: 33
(1) Be transparent and explicit; and 34
(2) Include information: 35
(A) Describing the process by which the institution of 36 As Engrossed: H4/2/25 HB1766
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higher education determines eligibility for accommodations for a student with 1
a disability; and 2
(B) Regarding any disability resource center or other 3
areas within the institution of higher education that provide accommodations 4
for students with disabilities, including without limitation housing and 5
residence life. 6
(e) Each institution of higher education shall disseminate the 7
information required under subsection (c) of this section: 8
(1) To applicants, students, parents, and faculty in plain 9
language and in formats consistent with the Americans with Disabilities Act 10
of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025; and 11
(2) During the student application process, at student 12
orientation, in academic catalogs, and on the institution of higher 13
education's public website. 14
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6-60-1604. Establishment of reasonable accommodation. 16
(a)(1) An institution of higher education shall engage in an 17
interactive process to: 18
(A) Document the accommodation needs of a student with a 19
disability; and 20
(B) Establish a reasonable accommodation or accommodations 21
for a student with a disability. 22
(2) The institution of higher education may request additional 23
documentation if needed during the interactive process. 24
(b)(1) An institution of higher education shall include a 25
representative list of reasonable accommodations and disability resources for 26
students with a disability that is accessible to applicants, students, 27
parents, and faculty in plain language and in formats consistent with the 28
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it 29
existed on January 1, 2025. 30
(2) Before a determination that a reasonable accommodation or 31
disability resource presented on a representative list for students with a 32
disability is provided under subdivision (b)(1) of this section, the student 33
shall present written documentation indicating the need for the reasonable 34
accommodation or disability resource. 35
(3) The information required under subdivision (b)(1) of this 36 As Engrossed: H4/2/25 HB1766
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section shall be provided during the student application process, at student 1
orientation, in academic catalogs, and on the institution of higher 2
education's public website. 3
(c) The reasonable accommodations and disability resources available 4
to students shall be individualized and not limited to the list provided 5
under subsection (b) of this section. 6
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6-60-1605. Requirements for institutions of higher education. 8
Each institution of higher education shall: 9
(1) Advise admitted students who have self -identified as having 10
a disability for which they are requesting an accommodation of the process 11
for requesting accommodations; 12
(2) Not require a student to be reevaluated for the presence of 13
a permanent disability if the student previously provided proof to the 14
institution of higher education of a permanent disability status; and 15
(3) Have an established process to follow if an instructor or 16
academic office believes that an accommodation would fundamentally or 17
substantially alter an essential requirement of a course or program or pose 18
an undue burden on the institution of higher education. 19
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SECTION 2. EFFECTIVE DATE. Section 1 of this act is effective January 21
1, 2026. 22
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/s/Ennett 24
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APPROVED: 4/21/25 27
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