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 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 system must give particular weight to the opinions, diagnoses 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.__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.

5.__Direct accommodation costs.__A majority of the system's funds budgeted for disability accommodation must be spent on accommodations and accommodation services.

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