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request to the federal Department of Education or to binding | | arbitration. |
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| | | Sec. 2. 20-A MRSA §12723 is enacted to read: |
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| | | §12723.__Reasonable accommodation |
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| | | The system shall make reasonable accommodation for a student | | with a disability or a student with an illness.__The following | | requirements apply to making accommodations under this section. |
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| | | 1.__Form.__The system shall design a form for requesting | | accommodation for a student with a disability or a student with | | an illness.__The form must comply with federal and state law and | | must be designed so that a health care professional may provide | | information regarding the student's disability or illness. |
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| | | 2.__Priority.__In determining whether to make an accommodation | | and what types of accommodation to make and accommodation | | services to offer, the system must give particular weight to the | | opinions, diagnoses and recommendations of health care | | professionals who provide information under subsection 1. |
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| | | 3.__Decision.__The system shall make a determination regarding | | accommodation for a student with a disability or a student with | | an illness within 30 days of receiving a completed request form.__ | | If the system fails to make a decision as required by this | | subsection, the system shall fully refund all tuition and fees | | paid by the student and shall reimburse the student for the | | student's expenses and any lost wages from missed employment as a | | result of pursuing the request. |
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| | | 4.__Direct accommodations and services.__The system shall | | offer to a student with a disability or a student with an illness | | who qualifies for accommodation options that must include, but | | are not limited to, lecture notes or tapes from the student's | | classes, section meetings and laboratory sessions and reasonable | | accommodation services as required for the student. |
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| | | 5.__Direct accommodation costs.__A majority of the system's | | funds budgeted for disability accommodation must be spent on | | accommodations and accommodation services. |
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| | | 6.__Legal fees.__The system shall establish a limitation on | | legal fees for an accommodation request that is legally disputed.__ | | If the system anticipates exceeding the legal fee limitation for | | a request, the system shall notify the joint standing committee | | of the Legislature having jurisdiction over education matters for | | the committee to consider reference of the |
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