US Codex
Bill
Notes

To amend the Higher Education Act of 1965 to change certain Federal Pell Grant requirements for certain students with disabilities, and for other purposes.

H.R. 5739 · 117th Congress · Oct 26, 2021 · Lineage

A BILL

Section 1 Amendments to the HEA

(a)
Award year 2022–2023— Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended—
(1)
in subsection (b)(2)—
(A)
in subparagraph (B), by striking “(B) In any case” and inserting “(B)(i) Except as provided in clause (ii), in any case”; and
(B)
by adding at the end the following:

“(ii) The amount of a Federal Pell Grant to which a student with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who is receiving appropriate and reasonable accommodations for such disability is entitled shall be calculated as if such student attends an institution of higher education on a full-time basis, without regard to whether the student is attending on less than a full-time basis.”

(2)
in subsection (c)—
(A)
in paragraph (5), by striking “(5) The period” and inserting “(5)(A) Except as provided in subparagraph (B), the period”; and
(B)
by adding at the end the following:

“(B) In the case of a student with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who is receiving appropriate and reasonable accommodations for such disability, the period during which such student may receive Federal Pell Grants may exceed 12 semesters or the equivalent of 12 semesters if required by such accommodations for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance.”

(b)
Award year 2023–2024 and each subsequent award year—
(1)
Amendments— Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), as amended by section 703 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended—
(A)
in subsection (b)(2)—
(i)
by striking “In any case” and inserting the following:

“(A) Reduction—In any case”

(ii)
by adding at the end the following:

“(B) Students with disabilities—The amount of a Federal Pell Grant to which a student with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who is receiving appropriate and reasonable accommodations for such disability is entitled shall be calculated as if such student attends an institution of higher education on a full-time basis, without regard to whether the student is attending on less than a full-time basis.”

(B)
in subsection (d)(5)(A)—
(i)
by striking “Except as provided in subparagraph (B)” and inserting the following:

“(i) Period—Except as provided in clause (ii) of this subparagraph and in subparagraph (B)”

(ii)
by adding at the end the following:

“(ii) Students with disabilities—In the case of a student with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who is receiving appropriate and reasonable accommodations for such disability, the period during which such student may receive Federal Pell Grants may exceed 12 semesters or the equivalent of 12 semesters if required by such accommodations for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance.”

(2)
Effective date— The amendments made by this subsection shall take effect as if included in section 703 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260).