Section 1 Short title
This Act may be cited as the “Higher Education Grant Flexibility Act”.
Higher Education Grant Flexibility Act
A BILL
To amend the Higher Education Act of 1965 to change certain grant requirements for certain students with disabilities, and for other purposes.
Sec. 2 Federal Pell Grants
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)), as amended by section 703 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended—
by striking “In any case” and inserting the following:
“(A) Reduction—Except as provided in subparagraph (B), in any case”
by adding at the end the following:
“(B) Students with disabilities
“(i) In general—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)) for whom a reduced course load has been approved as a reasonable accommodation under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the student's enrollment in the reduced course load or 5 credits (or the equivalent), whichever is greater, shall be deemed to be enrollment on a full-time basis for purposes of calculating the elements of cost of attendance for such student under paragraphs (2) through (14) of section 472(a) for purposes of determining the amount of the Federal Pell Grant to which the student is entitled. Subsection (b) of section 472 shall not apply with respect to such student.
“(ii) Limited application—A determination under clause (i) shall not be used in the calculation of Federal Pell Grant semester eligibility under subsection (d)(5).”
Sec. 3 Federal Supplemental Educational Opportunity Grants
Section 413B(a) of the Higher Education Act of 1965 (20 U.S.C. 1070b–2(d)) is amended by adding at the end the following:
“(4) Notwithstanding any other provision of this subpart or part F of this title, 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)) for whom a reduced course load has been approved as a reasonable accommodation under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the student's enrollment in the reduced course load or 5 credits (or the equivalent), whichever is greater, shall be deemed to be enrollment on a full-time basis for purposes of calculating the elements of cost of attendance for such student under paragraphs (2) through (14) of section 472(a) for purposes of determining the amount of the supplemental grant to which the student is entitled in accordance with the provisions of part F of this title. Subsection (b) of section 472 shall not apply with respect to such student.”
Sec. 4 TEACH Grants
Section 420M(c) of the Higher Education Act of 1965 (20 U.S.C. 1070g–1(c)) is amended—
in paragraph (1), by striking “In any case” and inserting “Subject to paragraph (3), in any case”; and
by adding at the end the following:
“(3) Teacher candidates with a disability—In the case of a teacher candidate with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) for whom a reduced course load has been approved as a reasonable accommodation under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the teacher candidate's enrollment in the reduced course load or 5 credits (or the equivalent), whichever is greater, shall be deemed to be enrollment on a full-time basis for purposes of calculating the elements of cost of attendance for such student under paragraphs (2) through (14) of section 472(a) for purposes of determining the amount of the grant under this subpart to which the teacher candidate is entitled. Subsection (b) of section 472 shall not apply with respect to such teacher candidate.”
Sec. 5 Effective date
The amendments made by this section shall take effect as if included in section 703 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260) and subject to the effective date of section 701(b) of such FAFSA Simplification Act, as amended by section 102(a) of the FAFSA Simplification Act Technical Corrections Act (division R of Public Law 117–103) (including the authorization provided under section 102(c)(1)(A) of such Act).