Virginia § 23.1-401.3 - Individuals with disabilities; documentation or evidence; accommodations

§ 23.1-401.3. Individuals with disabilities; documentation or evidence; accommodations

A. Each public institution of higher education shall adopt a policy that makes any of the following documentation or evidence that is submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability:

1. Documentation that the individual has had an individualized education program (IEP) in accordance with the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. The public institution of higher education may request additional documentation from such an individual if (i) the IEP was not in effect immediately prior to the date on which the individual graduated from or was otherwise no longer enrolled in high school or (ii) the IEP is otherwise not sufficient to establish that such individual is an individual with disability pursuant to the federal Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. Any IEP shall be deemed sufficient to establish that such individual is an individual with a disability under the federal Americans with Disabilities Act that includes (a) information on the nature of the individual's physical or mental impairment; (b) a documented history or record of such physical or mental impairment, including documentation of an evaluation that has been completed or updated no more than three years prior to such individual's application for admission to the institution; and (c) an explanation of substantial limitations experienced by such individual as a result of such disability and the related accommodations needed by such individual;

2. Documentation of the individual's disability due to service in the Armed Forces of the United States or the Commonwealth; and

3. Any other documentation or evidence that the institution deems appropriate for such purpose.

B. In the event that a student's disability or need for accommodations has not been properly documented and additional time is needed to conduct the process by which the public institution of higher education determines eligibility for accommodations, the public institution of higher education shall grant such student provisional or temporary accommodations while such determination process continues.

C. Each policy adopted pursuant to subsection A shall include a transparent and explicit process by which the institution determines eligibility for accommodations for an individual with a disability. Each public institution of higher education shall disseminate information about such process to students, including all new students, to the parents of students as appropriate, and to faculty in accessible formats and make such information available in a conspicuous and publicly accessible manner, including on the institution's website.

2025, c. 202.