An Act To Ensure Accommodation of Students with Disabilities or Illnesses in the University of Maine System and the Maine Community College System
Maine Legislature, Session 122, LD 0603
Committee: Education and Cultural Affairs
Sponsors: GLYNN
Amends: 20-A MRSA §12723

Legislative Document 
No. 603 
H.P.436 
House of Representatives, February 3, 2005 
An Act To Ensure Accommodation of Students with Disabilities or 
Illnesses in the University of Maine System and the Maine 
Community College System 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
plinted. 
Presented by Representative GLYNN of South Portland. 
7Jl~ 
/h·711Q£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §10909 is enacted to read: 
§10909. 
Reasonable accommodation 
The universitZ--§llall 
ma~asonable accommodation for 
a 
student with a disability or a student with an illness. 
The 
following reguirements apply to making accommodations under this 
section. 
1. 
Form. 
The university 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. 
2. 
Priority. 
In 
determining 
whether 
to 
make 
an 
accommodation 
and 
what 
types 
of 
accommodation 
to 
make 
and 
accommodation 
services 
to 
offer, 
the 
university 
must 
give 
particular weight to the opinions, diagnoses and recommendations 
of 
health 
care 
professionals 
who 
provide 
information 
under 
§uQsection 1. 
3. 
DeciliiQJl. 
The university shall make 
a 
determinatiQ-Xl. 
regarding accommodation for 
a 
student with a disability or a 
§J;udent with an illness wi thin 30 days of receiving a completed 
request form. 
If the university fails to make 
a decision as 
required by this subsection, the university shall fully refund 
all tuition and fees paid by the student and shall reimburse the 
~ent for the student's expenses and any lost wages from missed 
employment as a result of pursuing the request. 
4. 
Dire<;:~~QJlIDOdations aIld 
services. 
The 
university 
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 reguired for the student. 
5. 
Dir~l<;:~~~cQ~4a_t..iQ~C9Jits 
~ 
A 
majQLiJ;,y 
universi ty' s funds budgeted for disability accommodation 
spent on accommodations and accommodation services. 
of 
the 
must be 
~L~I 
fe~.Ii. 
The universj.~all~_stablish a limitation 
on 
legal 
fees 
for 
an 
accommodation 
reguest that is legally 
dispute_d. 
If the university anticipates exceeding the legal fee 
limitation for a request, the university shall notify the joint 
standing committee of the Legislature having jurisdiction over 
education matters for the committee to consider reference of the 
Page l-LR13l7(l) 
\. 
• 
request to the federal Department of Education or to binding 
arbitration. 
Sec. 2. 20-A MRSA §12723 is enacted to read: 
§12723. 
Reasonable accommodation 
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. 
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 design..ed so that a health care professional may provide 
information regarding the student's disability or illness. 
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, dia.gnoses and recommendations of health 
care professionals who provide information under subsection 1. 
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. 
4. 
Dir~ct accOmmQ.gations 
~d services. 
The system shall 
offer to a student with a disability or a student with an illness 
who qualifies for ~modation options that must include, but 
are not limited to, lecture notes or tapes from the student's 
classes, section meetin-9§ and laboratory sessions and reasonable 
accommodation services as required for the student. 
5. 
Dir~~~ccommQJli;l_tiQn costs. 
A majority of the sys_tem's 
funds 
b~dgeted for disability accommodation must be 
spent on 
accommodations and accommodation services. 
6. 
Legal fees. 
The 
s~tem 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 
L~slature having jurisdiction over 
education matters for the committee to consider reference of the 
request to the federal Department of Education or to binding 
arbitration. 
SUMMARY 
This bill provides 
a 
framework 
for the 
accommodation of 
students with disabilities and students with illnesses in the 
University of Maine System and in the Maine Community College 
System. 
The bill requires the adoption of a request form and 
parti cular weight to be given to the recommendations of health 
care professionals. 
The bill sets 30 days as the time limit for 
the university or the system to decide upon an accommodation 
request 
and 
requires 
refunds 
to 
students 
for 
whom 
the 
accommodation request is not decided within that time limit. 
The 
bill limits legal fees.