H.R.5204 - Student Mental Health Rights Act116th Congress (2019-2020) |
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Introduced in House (11/20/2019)
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5204 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5204
To direct the Secretary of Education to study student mental health at
institutions of higher education and to issue guidance on compliance
with the Americans with Disabilities Act for mental health and
substance use disorder policies of institutions of higher education,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2019
Ms. Porter (for herself, Mr. Courtney, and Ms. Mucarsel-Powell)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To direct the Secretary of Education to study student mental health at
institutions of higher education and to issue guidance on compliance
with the Americans with Disabilities Act for mental health and
substance use disorder policies of institutions of higher education,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Mental Health Rights Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly all institutions of higher education are subject
to--
(A) the Americans with Disabilities Act (42 U.S.C.
12101 et seq.);
(B) section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794); or
(C) the Fair Housing Act (42 U.S.C. 3601 et seq.).
(2) The laws described in paragraph (1) prohibit
discrimination on the basis of disability, defined as ``with
respect to an individual, a physical or mental impairment that
substantially limits one or more major life activities of such
individual, a record of such an impairment, or being regarded
as having such an impairment'' under section 3(1) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(3) Under section 2(a)(3) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101(a)(3)), Congress
found that ``discrimination against individuals with
disabilities persists in such critical areas as employment,
housing, public accommodations, education, transportation,
communication, recreation, institutionalization, health
services, voting, and access to public services''.
(4) The laws described in paragraph (1) prohibit
institutions of higher education from discriminating against
students with disabilities, including by failing to provide
reasonable accommodations or reasonable modifications to such
students so that such students are able to fully participate in
university life.
(5) The laws described in paragraph (1) prohibit
institutions of higher education from discriminating against
students with a mental health disabilities, including by
failing to provide the reasonable accommodations or reasonable
modifications to such a student.
(6) The vast majority of institutions of higher education
lack a comprehensive plan for addressing and preventing
discrimination against students with mental health disabilities
or who are experiencing crises, in many cases--
(A) requiring such students to leave the
institution of higher education;
(B) evicting such students from on-campus housing;
and
(C) establishing excessive and unnecessary
impediments to the return of such students to the
institution of higher education.
SEC. 3. STUDY.
(a) Requirement.--Not later than June 30, 2021, the Secretary shall
complete a study on mental health conditions and substance use
conditions including--
(1) the prevalence of such conditions among students at
institutions of higher education and policies to support
students with respect to such conditions;
(2) the policies of institutions of higher education with
respect to students considering a leave of absence or return
from absence due to such conditions; and
(3) best practices for supporting students at institutions
of higher education in making decisions regarding the
management of such conditions, including the effect such
practices have on graduation rates and degree completion.
(b) Report.--The Secretary shall submit to the House Committee on
Education and Labor a report on the findings of the study required by
subsection (a).
SEC. 4. GUIDANCE.
Not later than June 30, 2021, the Secretary shall, in consultation
with the Assistant Attorney General of the Civil Rights Division of the
Department of Justice, issue guidance on--
(1) the compliance of institutions of higher education with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) with respect to students with mental health conditions;
(2) the legal obligations of institutions of higher
education with respect to accommodating students with mental
health conditions and students with substance use conditions;
and
(3) policies of institutions of higher education which may
have a disparate impact on students with mental health
conditions and students with substance use conditions.
SEC. 5. DEFINITIONS.
(a) Institution of Higher Education.--The term ``institution of
higher education'' has the meaning given that term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(b) Secretary.--The term ``Secretary'' means the Secretary of
Education.
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