S T A T E O F N E W Y O R K
________________________________________________________________________
4841--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 6, 2025
___________
Introduced by M. of A. SIMON, STIRPE, SHIMSKY, STECK, McDONOUGH,
K. BROWN, MAHER, SEMPOLINSKI -- read once and referred to the Commit-
tee on Higher Education -- recommitted to the Committee on Higher
Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT establishing the "removing barriers to higher education success
act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "removing barriers to higher education success act".
§ 2. Definitions. For purposes of this act, the following terms shall
have the following meanings:
1. "Public institution of higher education" shall mean the state
university of New York and the city university of New York.
2. "Accommodation" shall mean an adjustment or modification that
enables a qualified student with a disability to participate fully in
the programs, services and activities of a public institution of higher
education, consistent with applicable federal and state law.
3. "Individualized education program" or "IEP" shall have the same
meaning as set forth in section 200.1 of title eight of the New York
codes, rules and regulations.
4. "Section 504 plan" shall mean a plan developed pursuant to section
504 of the Rehabilitation Act of 1973.
5. "Transition services" shall mean services designed to assist
students with disabilities in successfully transitioning from secondary
education to public institutions of higher education, including assist-
ance with documentation, accommodations, disability services, and
student supports.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06733-03-6
A. 4841--A 2
6. "Student with a disability" shall mean a student who has received
services through an individualized education program, a Section 504
plan, or other documentation establishing disability pursuant to this
act.
7. "Student advocate" shall mean an advocate designated by the depart-
ment of education who provides information and support to students
regarding obtaining accommodations at institutions of higher education,
and who shall not be a pedagogical employee of the department of educa-
tion.
§ 3. Students with disabilities policy and documentation; dissem-
ination of information. 1. Each public institution of higher education
shall adopt a policy that makes any of the documentation described in
subdivision two of this section submitted by an enrolled or admitted
student sufficient to establish that such student is an individual with
a disability.
2. Such policy required pursuant to subdivision 1 of this section
shall provide that any of the following documentation submitted by an
enrolled or admitted student is sufficient to establish that the student
is an individual with a disability:
(a) documentation that the individual has had an individualized educa-
tion program (IEP) in accordance with section 614(d) of the Individuals
with Disabilities Education Act, 20 USC 1400 et seq. The public insti-
tution of higher education may request additional documentation from an
individual who has had an IEP if the IEP was not in effect immediately
prior to the date when the individual exited high school;
(b) documentation that the individual has received services or accom-
modations provided to the individual under a Section 504 plan provided
to the individual pursuant to section 504 of the Rehabilitation Act of
1973, 29 USC 701 et seq. The public institution of higher education may
request additional documentation from an individual who has received
services or accommodations provided to the individual under a Section
504 plan if the Section 504 plan was not in effect immediately prior to
the date when the individual exited high school;
(c) documentation of a plan or record of service for the individual
from a private school, a local educational agency, a state educational
agency, or an institution of higher education provided under a Section
504 plan pursuant to section 504 of the Rehabilitation Act of 1973 or in
accordance with the Americans with Disabilities Act of 1990;
(d) a record or evaluation from a relevant licensed or otherwise
appropriately credentialed professional finding that the individual has
a disability;
(e) a plan or record of disability from another institution of higher
education; or
(f) documentation of a disability due to military service in the
uniformed services.
3. The policy adopted pursuant to subdivision 1 of this section shall
be transparent and explicit regarding information about the process by
which the public institution of higher education determines eligibility
for accommodations for an individual with a disability. Each public
institution of higher education shall disseminate such information to
students, parents, and faculty in accessible formats, including during
any student orientation, and make the information readily available on a
public website of the institution.
4. A public institution of higher education may establish less burden-
some criteria than the criteria described in this section to establish
A. 4841--A 3
whether an enrolled or admitted student is an individual with a disabil-
ity.
§ 4. Establishment of reasonable accommodation. A public institution
of higher education shall engage in an interactive process to establish
a reasonable accommodation, including requesting additional documenta-
tion, if needed, for an individual pursuant to section 504 of the Reha-
bilitation Act of 1973 and the Americans with Disabilities Act of 1990.
§ 5. Statewide transition services program. The education department,
in consultation with the state university of New York, the city univer-
sity of New York, local educational agencies, boards of cooperative
educational services, disability rights organizations, institutions of
higher education, and other relevant stakeholders, shall establish and
administer a statewide transition services program to assist students
with disabilities in obtaining accommodations at institutions of higher
education. As part of such program, the education department shall:
1. develop and implement a system to facilitate the electronic sharing
of information about such students' special education services by the
department of education with institutions of higher education, for which
sharing the department of education shall have obtained any consent
required by federal, state or local law. Such system shall allow a
student, a student's parent or a student's person in parental relation,
as defined in subdivision 10 of section 2 of the education law, to
provide consent for the department of education to share such informa-
tion;
2. utilize student advocates to assist such students;
3. post information on its website about how to obtain accommodations
at institutions of higher education; and
4. ensure such program complies with any applicable federal, state or
local laws, including, but not limited to, those related to the educa-
tion and privacy of such students.
§ 6. Outreach. Not later than 30 days after the effective date of this
act, and continuing thereafter, the department of education, in consul-
tation with relevant agencies and stakeholders, shall conduct culturally
appropriate outreach on the program established by section five of this
act. Such outreach shall include, but not be limited to, the following:
1. creating a webpage that provides current information, which shall
also be made available in the twelve most common non-English languages
spoken by limited-English proficient individuals in the state, based on
the data in the most recent American community survey published by the
United States census bureau, regarding such program, including, but not
limited to, a description of such program, contact information, eligi-
bility information, and information about how to participate;
2. providing culturally appropriate outreach materials regarding such
program for distribution to each student with a disability who will be
graduating from high school in the current school year and such
student's parent or person in parental relation; and
3. collaborating with relevant agencies and stakeholders to enhance
awareness of such program, including, but not limited to, posting
culturally appropriate information about such program on the websites of
such agencies and stakeholders.
§ 7. Reporting. 1. No later than one year after the effective date of
this act, and annually thereafter, the department of education shall
report on the program established by section five of this act to the
governor, the temporary president of the senate and the speaker of the
assembly and post such report on the department of education's website.
A. 4841--A 4
Such annual reports shall include, but not be limited to, the following
information for the previous year:
(a) the number of students who participated in such program, to the
extent known;
(b) a description of the assistance that such program provided such
students;
(c) a description of the system established pursuant to subdivision 1
of section five of this act;
(d) a description of the duties of student advocates; and
(e) an evaluation of the outreach required by section six of this act,
including, but not limited to, recommendations to improve such outreach,
recommendations to improve utilization of such program and any resources
needed to implement such recommendations.
2. No information that is required to be reported pursuant to this
section shall be reported in a manner that would violate any applicable
provision of federal, state or local law relating to the privacy of
information.
§ 8. Construction with federal law. Nothing in this act shall be
construed to conflict with the terms "reasonable accommodation" and
"record of such an impairment" under the Americans with Disabilities Act
of 1990 or the rights or remedies provided under the Americans with
Disabilities Act of 1990.
§ 9. This act shall take effect January 1, 2028. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.