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HB 8161

AN ACT RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT

2026 Regular Session Introduced by Jennifer Boylan and 6 co-sponsors

Establishes inclusive access to Rhode Island public colleges for students with significant disabilities, removing typical admission barriers and providing supports under their IEP.

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8161

Overview

  • Bill: HB 8161 (Rhode Island, 2026)
  • Full Title: AN ACT RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT
  • Purpose: Create a new chapter (16-24.2) to establish inclusive higher education opportunities for students with disabilities, enabling participation in state colleges and universities (including CCRI, Rhode Island College, and the University of Rhode Island) without standard eligibility barriers, and to provide supports, funding considerations, and reporting requirements.

Main purpose and intent

  • Provide inclusive access to higher education for students with disabilities, particularly those with severe intellectual disabilities, severe autism spectrum disorders, or other severe developmental disabilities.
  • Integrate these students into postsecondary education to develop academic, employment, independent living, and social-emotional skills.
  • Ensure participation aligns with the student’s individualized education program (IEP) and is treated as a form of secondary education.

Key provisions and changes

  1. Definitions and Scope

    • Establishes 16-24.2 (Higher Education Opportunities for Students with Disabilities Act).
    • Defines “student with a disability” as someone eligible for and receiving special education services under relevant Rhode Island law.

  2. Attendance and Participation (16-24.2-3)

    • Eligible students aged 18–21 (and up to 22 where § 16-24-1(f) applies) may attend state colleges/universities.
    • Options include continuing education, credit and noncredit courses with non-disabled peers, development of independent living and employment skills, and access to community services.
    • Participation is considered an approved expense under special education services and addressed in the student’s IEP.

  3. Eligible Institutions (16-24.2-3)

    • Public institutions permitted: all state colleges and universities (including CCRI, Rhode Island College, University of Rhode Island).

  4. Program Requirements and Accessibility (16-24.2-4)

    • Purpose: promote inclusive education and skill development while allowing participation in undergraduate courses and campus life.
    • Barriers to participation removed: no mandatory standardized tests, no requirement for high school diploma, no minimum GPA, no required passing statewide assessments for participation in undergraduate courses, internships, or other campus activities.
    • Institutional guidelines: colleges may establish guidelines for campus capacity and course selection to match student needs; participation cannot be denied solely due to disability.
    • Course options: participants may take credit-bearing courses for credit or audit courses, subject to campus policies.
    • Note: Institutions are not required to enroll or audit every participant and are not required to provide graduate/continuing education accommodations beyond established policies.

  5. Inclusion and Supports (16-24.2-4(c))

    • Participants must have access to inclusive opportunities with non-disabled students.
    • Individual supports and services must be provided to support inclusion in courses, activities, and campus life, but cannot override existing state/federal limitations.

  6. Costs and Funding (16-24.2-4(d))

    • Public institutions are not required to bear costs beyond typical supports.
    • Costs are to be treated as “an approved expense as a special education service” within the foundation education framework.
    • Participation is addressed in the student’s IEP for ages 18–22 (and 23–22 where applicable); eligibility considerations include those unable to pass statewide competency tests.
    • For eligible students:
      • Costs should not exceed the foundation education aid amount sent to the college by the school district.
      • Other funding sources (federal, vocational rehab, etc.) may supplement.
      • Other public/private sources may cover costs.

  7. Behavior and Conduct (16-24.2-4(e))

    • Participants must follow campus policies (conduct, anti-discrimination, sexual violence).
    • Institutions must provide accessible formats and reasonable accommodations.

  8. No Monetary Damages (16-24.2-4(f))

    • Legal relief for violations is available (declaratory/injunctive relief), but no monetary damages against districts or institutions or their staff.

  9. Return to Public High School (16-24.2-5)

    • Students may opt to return to their sending high school if college attendance is not in their best interest.
    • If returning, the district must provide proportional foundation education aid back to the district corresponding to the student’s time spent in higher education.

  10. Annual Reporting (16-24.2-6)

    • Beginning Sept. 1, 2027, and annually thereafter:
      • Each state college/university must report to DESE, the Office of the Postsecondary Commissioner, Board of Education, and the Legislature on participation and outcomes.
      • Data to include demographics, courses taken (credit vs. audit), extracurriculars, innovative practices, employment data, and outcomes/challenges.
    • DESE and the Office of the Postsecondary Commissioner will review reports and work to improve implementation and collaboration.

Affected parties

  • Students with disabilities who are eligible for and receive special education services, including those with severe intellectual disabilities, severe autism spectrum disorders, or other severe developmental disabilities.
  • Public institutions of higher education in Rhode Island (state colleges and universities, including CCRI, Rhode Island College, and the University of Rhode Island).
  • School districts and the Department of Elementary and Secondary Education (DESE), plus the Office of the Postsecondary Commissioner.
  • Funding bodies related to foundation education aid and vocational rehabilitation programs.

Procedural and timeline aspects

  • Effective date: Upon passage.
  • Implementation and oversight:
    • Annual reporting begins September 1, 2027, with subsequent yearly reports.
    • Institutions to coordinate with DESE and the Office of the Postsecondary Commissioner on capacity, selection guidelines, and course guidance.
  • Compliance and enforcement:
    • Remedies include declaratory and injunctive relief; no monetary damages.
    • Guardrails ensure no discrimination against participation based solely on intellectual or developmental disability.

Potential impact

  • Expands access to state higher education for students with significant disabilities, promoting inclusion, skill development, and potential employment outcomes.
  • Allows enrollment and course participation without typical college-entry barriers, while recognizing funding constraints and procedural guidelines.
  • Establishes a data collection framework to monitor participation, outcomes, and best practices, informing future policy and program improvements.
  • Creates channels for collaboration among K-12, higher education, and state agencies to support students transitioning from secondary to postsecondary settings.

Compiled from official sources — confirm details with the bill’s official record.

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