A. Exclude from participation in, deny the benefits of or subject to discrimination under any educational program or activity any otherwise qualified individual with physical or mental disability;

B. Deny any person equal opportunity in athletic programs, provided that no educational institution may be required under this subsection to provide separate athletic programs to serve persons with physical or mental disability;

C. Deny admission to any institution or program or fail to provide equal access to and information about an institution or program through recruitment; or

D. Deny financial assistance availability and opportunity.

Nothing in this subsection may be construed to cover the rights of exceptional students children with disabilities to special education programs under state or federal law.

Sec. A-2. 5 MRSA §12004-G, sub-§8-A, as reenacted by PL 2001, c. 471, Pt. C, §1 and affected by §10, is repealed.

Sec. A-3. 5 MRSA §19508, as amended by PL 2005, c. 279, §4, is further amended to read:

§19508. Application to residents in children's homes

This chapter also applies to exceptional students children with disabilities in children's homes, emergency shelters, family foster homes, specialized children's homes and residential child care facilities, as defined in Title 22, section 8101, and to other residential educational facilities, including the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and other similar facilities.

Sec. A-4. 20-A MRSA §1, sub-§3-A is enacted to read:

3-A.__Child with a disability.__"Child with a disability" has the same meaning as in section 7001.

Sec. A-5. 20-A MRSA §1, sub-§12, as enacted by PL 1981, c. 693, §§5 and 8, is repealed.