AN ACT RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT (Establishes the Higher Education Opportunities for Students with Disabilities Act.)

H8161

2026 -- H 8161
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS
WITH DISABILITIES ACT

Introduced By:
Representatives Cortvriend, Spears, Donovan, Handy, Carson, Boylan,
and Kislak

Date Introduced:
February 27, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 24.2
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HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT
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16-24.2-1. Title.
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This chapter shall be known and may be cited as the “Higher Education Opportunities for
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Students with Intellectual Disabilities Act.”
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16-24.2-2. Purpose.
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The purpose of this chapter is to provide inclusive educational opportunities for a child or
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student with a disability as referenced in § 16-24-1, to improve academic achievement, develop
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employment and independent living skills and enhance the overall and independent learning
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environments for these persons. More generally, the purpose of this chapter is to offer a further
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enhanced option to students with a disability to obtain social and emotional growth, support, and
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development. This chapter includes students with disabilities, severe intellectual disabilities, severe
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autism spectrum disorders or other severe developmental disabilities. As used in this chapter, the
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term "student with a disability" means a student who is eligible for and receives special education
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services as described in § 16-24-1.
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16-24.2-3. Attendance at state colleges and universities.

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(a) Students with a disability who are eighteen (18) to twenty-one (21) years of age,
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inclusive, and up to twenty-two (22) years of age where the provisions of § 16-24-1(f) are
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applicable, who receive special education services and have disabilities including, but not limited
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to, severe intellectual disabilities, severe autism spectrum disorders or other severe developmental
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disabilities and are receiving special education services may also have program options including,
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but not limited to, continuing education, participation in credit and noncredit courses that include
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students without disabilities in an institution of higher education, development of independent
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living skills, development of skills necessary for employment and development of skills to access
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community services. Participation of such students in institutions of higher education under this
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section shall be considered an approved expense as a special education service and shall be a benefit
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available to them pursuant to the provisions of § 16-24-1. More specifically, the provision of this
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chapter shall be considered a form of secondary school education; provided, however, that this
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service is addressed in and provided in accordance with the student’s individualized education
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program pursuant § 16-24-1.
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(b) Schools for which a student may attend include all state colleges and universities,
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including the Community College of Rhode Island, Rhode Island College, and the University of
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Rhode Island.
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16-24.2-4. Program requirements.
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(a) To ensure that students with a disability, including, but not limited to, individuals with
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severe intellectual disabilities, severe autism spectrum disorders or other severe developmental
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disabilities, have opportunities to be included with non-disabled students in all aspects of higher
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education for the purpose of gaining academic, career, technical and independent living skills to
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prepare them for adult life, including, but not limited to, employment and civic engagement, such
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individuals attending a state institution of postsecondary education pursuant to this chapter shall
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not be required to:
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(1) Take any standardized college entrance aptitude test;
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(2) Have a high school diploma or its equivalent;
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(3) Meet minimum academic course requirements;
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(4) Meet minimum grade point average requirements; or
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(5) Obtain a passing score on any statewide assessment tests, in order to participate in
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undergraduate academic courses, internships, work-based trainings, extracurricular activities that
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include non-disabled students and all other aspects of campus life in accordance with this chapter.
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(b)(1) State institutions of higher education, in consultation with the department of
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elementary and secondary education and the office of the postsecondary commissioner, and

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consistent with the purposes of this chapter, may create guidelines to select students participating
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in higher education pursuant to this chapter, including, but not limited to, guidelines to determine
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campus capacity and to coordinate selection of students with relevant local, state or other public
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agencies serving students with severe intellectual disabilities, severe autism spectrum disorders or
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other severe developmental disabilities. Provided, however, that these individuals shall not be
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denied opportunities to participate in higher education solely due to their intellectual disability,
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autism spectrum disorders or developmental disability.
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(2) Public institutions of higher education, in consultation with the department of
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elementary and secondary education and the office of the postsecondary commissioner, and
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consistent with the purposes of this section, may also establish course selection guidelines to help
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ensure that participating individuals receive guidance in selecting courses that are appropriate to
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their individual strengths, needs, preferences and interests.
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(3) Participating individuals shall be permitted to:
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(i) Take a credit-bearing, undergraduate academic course for credit if they have met the
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course prerequisites and requirements; or
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(ii) Audit a credit-bearing, undergraduate academic course, consistent with campus policies
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governing selection of students for audit participation, if they have not met the course prerequisites
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and requirements.
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(4) Nothing in this chapter shall require a public institution of higher education to provide
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course enrollment or audit preference for students with severe intellectual disabilities, severe autism
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spectrum disorders or other severe developmental disabilities, relative to other persons seeking to
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enroll or audit a course. Nothing in this section shall require a public institution of higher education
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to include students with severe intellectual disabilities, severe autism spectrum disorders or other
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severe developmental disabilities in graduate and continuing education courses.
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(c) Individuals participating in higher education pursuant to subsections (a) and (b) of this
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section shall have access to and be included with non-disabled students in all academic and non-
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academic opportunities at public institutions of higher education in order to have inclusive
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educational opportunities to acquire academic, career, technical and independent living skills that
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prepare them for adult life including, but not limited to, employment and civic engagement.
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Individual supports and services shall be made available to support inclusion in academic courses,
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extracurricular activities, and other aspects of campus life; provided, however, that nothing in this
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subsection shall supersede subsections (b) and (d) of this section.
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(d)(1) Public institutions of higher education shall not be required to bear the costs of
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individual supports and services that exceed the kind of supports and services generally provided

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by public institutions of higher education.
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(2) Costs associated with supporting participation in public institutions of higher education
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under this section shall be:
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(i) An approved expense as a special education service pursuant to § 16-24-1 and shall be
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considered secondary school education; provided, however, that a student’s participation in higher
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education is addressed in the student’s individualized education program under § 16-24-1 for
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students ages eighteen (18) to twenty-one (21) years old, inclusive, and age twenty-two (22) years,
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where applicable; provided further, that such student is considered to have a disability, a severe
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intellectual disability, a severe autism spectrum disorder or other severe developmental disability;
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provided further, that in the case of students who are age eighteen (18) or nineteen (19),
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participation shall be limited to students with a disability, a severe intellectual disability, a severe
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autism spectrum disorder or other severe developmental disability who have been unable to obtain
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a passing score on any statewide assessment tests utilized as a basis for competency determination.
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Provided further, that in the case of students ages twenty (20) or twenty-one (21) or twenty-two
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(22) where applicable, participation shall be limited to students with a disability, a severe
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intellectual disability, a severe autism spectrum disorder or other severe developmental disability
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who have been unable to obtain a passing score on any statewide assessment tests utilized as a basis
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for competency determinations, or who have already been determined eligible for special education
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and have also been determined by the individualized education program team to have severe
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functional delays impacting independent living, communication or behavioral skills resulting in
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skills that are significantly below chronological age. Provided further, that nothing in this section
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shall impose an additional cost on a school committee beyond the cost of what is required under
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state or federal special education law. The school committee shall forward the foundation education
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aid amount for the student, as determined in § 16-7.2-3, to the state college or university, and the
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state college and university shall not charge the district or the student for any costs of educating the
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student beyond the foundation education aid amount;
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(ii) Subject to the availability of federal funding and appropriation of foundation education
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aid pursuant to chapters 7, 7.1, and 7.2 of title 16, for individuals who are determined eligible for
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vocational rehabilitation services. Access to higher education assists in the attainment of an
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identified employment goal, as determined by the agency, consistent with all applicable regulations
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and subject to the development of an individualized plan for employment;
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(iii) Costs of participation may be covered by any other public or private sources available
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to the student.
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(e) Participating individuals under this section shall be required to follow the public

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institution of higher education’s student behavioral policies, including the student code of conduct,
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antidiscrimination and sexual violence policies; provided, however, that the public institution of
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higher education shall provide such policies in accessible formats and shall provide reasonable
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accommodations for participating individuals in any process instituted thereunder.
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(f) Any person aggrieved by a violation of this chapter may seek declaratory and injunctive
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relief, but no school district or public institution of higher education, including trustees, officers,
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administrators or employees of the school district or public institution of higher education, shall be
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liable for monetary damages.
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16-24.2-5. Return to public high school option.
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Any student taking courses at a state college or university pursuant to this chapter shall
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have the option to return to the student’s public high school, if it is found that taking courses at a
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state college or university is not in the best interest of the student. If a student commences to attend
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a state college or university pursuant to this chapter and subsequently returns to the high school
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from the student’s sending district, the state college or university shall return to the sending district
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the amount of foundation education aid related to the student, in an amount that is proportional to
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the length of time the student spent attending the state college or university.
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16-24.2-6. Annual reporting.
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(a) Commencing September 1, 2027, and annually, not later than September 1 thereafter,
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each state college or university shall file a report with the department of elementary and secondary
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education, the office of the post-secondary commissioner, the board of education, and the senate
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and house committees on education and on finance, regarding participation of individuals with
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disabilities, severe intellectual disabilities, severe autism spectrum disorder, and other severe
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developmental disabilities, who are attending state colleges and universities pursuant to this
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section.
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(b) The report referred to in this section shall include, but not be limited to:
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(1) Data detailing the number of students participating pursuant to this section each
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semester, including, but not limited to, gender, race and ethnicity of the students;
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(2) A list of all courses taken by participating students during the academic year, indicating
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whether the students audited the course or participated in the course for credit;
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(3) A list of extracurricular activities, internships, clubs and other activities in which such
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students participate during the academic year;
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(4) A summary of innovative strategies and practices implemented at each institution of
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higher education that foster relationships with school districts, the department of human services,
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and other relevant public agencies;

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(5) Employment data for students participating pursuant to this section obtained to the best
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of the ability of institutions of higher education; and
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(6) Any relevant information regarding successful outcomes or challenges the institution
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experienced in the academic year.
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(c) The department of elementary and secondary education and the office of the
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postsecondary commissioner shall review the reports and shall take steps necessary to ensure the
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institution is including individuals pursuant to this section. The reports may be used to enhance
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constructive conversations between the department, office, and institutions of higher education that
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contribute to developing a full understanding of best practices in implementing this chapter.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS
WITH DISABILITIES ACT
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This act would establish the Higher Education Opportunities for Students with Disabilities
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Act. This act would enable students with disabilities who are ages eighteen (18) through twenty-
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one (21) years, and in some cases to age twenty-two (22) years, to audit and otherwise attend state
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colleges and universities using the student’s foundation education aid.
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This act would take effect upon passage.
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