1. (1) An institution of higher education may request documentation, as described in subsection (2) of this section, to determine whether a student with a disability is eligible for an academic adjustment.

2. (2) As part of its review to determine whether a student with a disability is eligible for an academic adjustment as described in subsection (1) of this section, an institution of higher education may consider one of the following documents to substantiate the student with a disability's request for an academic adjustment:

   1. (a) Documentation that the student with a disability has or had an individualized education program that includes a stated disability. The IEP does not automatically qualify a student with a disability for an academic adjustment in higher education if the IEP lacks relevant diagnostic details or does not describe how the student's disability limits one or more major life activities.
   2. (b) Documentation that the student with a disability received services or reasonable accommodations pursuant to a section 504 plan that includes a stated disability. The section 504 plan does not automatically qualify a student with a disability for an academic adjustment in higher education if the section 504 plan lacks relevant diagnostic details or does not describe how the student's disability limits one or more major life activities.
   3. (c) Documentation of a plan or record of service from a private school, a local education provider, an Indian tribe or tribal organization, a state education agency, or an institution of higher education provided pursuant to section 504 or in accordance with the ADA;
   4. (d) Documentation of a record or evaluation from a qualified health-care provider who is knowledgeable about the student with a disability that confirms that the student has a disability;
   5. (e) Documentation of a plan or record from another institution of higher education that determined the student with a disability who is applying for an academic adjustment had a qualifying disability;
   6. (f) Documentation of a disability due to military service; or
   7. (g) Additional information from a qualified health-care provider who is knowledgeable about the student with a disability and can clarify the need for an academic adjustment that may not be addressed in subsections (2)(a) to (2)(f) of this section.

3. (3)

   1. (a) An institution of higher education may establish less burdensome documentation criteria to determine whether a student with a disability may receive an academic adjustment.

   2. (b) An institution of higher education may request updated documentation if a student with a disability:

      1. (I) Submits documentation that lacks reasonable detail;
      2. (II) Submits documentation that is outdated based on a diagnosis that has changed; or
      3. (III) Requests substantially new academic adjustments.
4. (4) This part 2 does not override federal law.

Source: L. 2025: Entire part added, (SB 25-087), ch. 85, p. 355, § 2, effective August 6.