4 | | - | AN ACT concerning education. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 1. Short title. This Act may be cited as the |
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8 | | - | Removing Barriers to Higher Education Success Act. |
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9 | | - | Section 5. Definition. For purposes of this Act, "public |
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10 | | - | institution of higher education" means the University of |
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11 | | - | Illinois, Southern Illinois University, Chicago State |
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12 | | - | University, Eastern Illinois University, Governors State |
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13 | | - | University, Illinois State University, Northeastern Illinois |
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14 | | - | University, Northern Illinois University, Western Illinois |
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15 | | - | University, a public community college of this State, or any |
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16 | | - | other public university, college, or community college now or |
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17 | | - | hereafter established or authorized by the General Assembly. |
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18 | | - | Section 10. Students with disabilities policy and |
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19 | | - | documentation; dissemination of information. |
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20 | | - | (a) Each public institution of higher education shall |
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21 | | - | adopt a policy that makes any of the documentation described |
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22 | | - | in subsection (b) submitted by an enrolled or admitted student |
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23 | | - | sufficient to establish that the student is an individual with |
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24 | | - | a disability. |
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25 | | - | (b) The policy adopted under subsection (a) must provide |
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| 3 | + | 1 AN ACT concerning education. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 1. Short title. This Act may be cited as the |
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| 7 | + | 5 Removing Barriers to Higher Education Success Act. |
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| 8 | + | 6 Section 5. Definition. For purposes of this Act, "public |
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| 9 | + | 7 institution of higher education" means the University of |
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| 10 | + | 8 Illinois, Southern Illinois University, Chicago State |
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| 11 | + | 9 University, Eastern Illinois University, Governors State |
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| 12 | + | 10 University, Illinois State University, Northeastern Illinois |
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| 13 | + | 11 University, Northern Illinois University, Western Illinois |
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| 14 | + | 12 University, a public community college of this State, or any |
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| 15 | + | 13 other public university, college, or community college now or |
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| 16 | + | 14 hereafter established or authorized by the General Assembly. |
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| 17 | + | 15 Section 10. Students with disabilities policy and |
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| 18 | + | 16 documentation; dissemination of information. |
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| 19 | + | 17 (a) Each public institution of higher education shall |
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| 20 | + | 18 adopt a policy that makes any of the documentation described |
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| 21 | + | 19 in subsection (b) submitted by an enrolled or admitted student |
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| 22 | + | 20 sufficient to establish that the student is an individual with |
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| 23 | + | 21 a disability. |
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| 24 | + | 22 (b) The policy adopted under subsection (a) must provide |
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32 | | - | that any of the following documentation submitted by an |
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33 | | - | enrolled or admitted student is sufficient to establish that |
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34 | | - | the student is an individual with a disability: |
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35 | | - | (1) Documentation that the individual has had an |
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36 | | - | individualized education program (IEP) in accordance with |
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37 | | - | Section 614(d) of the federal Individuals with |
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38 | | - | Disabilities Education Act. The public institution of |
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39 | | - | higher education may request additional documentation from |
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40 | | - | an individual who has had an IEP if the IEP was not in |
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41 | | - | effect immediately prior to the date when the individual |
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42 | | - | exited high school. |
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43 | | - | (2) Documentation that the individual has received |
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44 | | - | services or accommodations provided to the individual |
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45 | | - | under a Section 504 plan provided to the individual |
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46 | | - | pursuant to Section 504 of the federal Rehabilitation Act |
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47 | | - | of 1973. The public institution of higher education may |
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48 | | - | request additional documentation from an individual who |
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49 | | - | has received services or accommodations provided to the |
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50 | | - | individual under a Section 504 plan if the Section 504 |
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51 | | - | plan was not in effect immediately prior to the date when |
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52 | | - | the individual exited high school. |
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53 | | - | (3) Documentation of a plan or record of service for |
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54 | | - | the individual from a private school, a local educational |
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55 | | - | agency, a State educational agency, or an institution of |
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56 | | - | higher education provided under a Section 504 plan |
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57 | | - | pursuant to Section 504 of the federal Rehabilitation Act |
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| 33 | + | 1 that any of the following documentation submitted by an |
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| 34 | + | 2 enrolled or admitted student is sufficient to establish that |
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| 35 | + | 3 the student is an individual with a disability: |
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| 36 | + | 4 (1) Documentation that the individual has had an |
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| 37 | + | 5 individualized education program (IEP) in accordance with |
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| 38 | + | 6 Section 614(d) of the federal Individuals with |
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| 39 | + | 7 Disabilities Education Act. The public institution of |
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| 40 | + | 8 higher education may request additional documentation from |
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| 41 | + | 9 an individual who has had an IEP if the IEP was not in |
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| 42 | + | 10 effect immediately prior to the date when the individual |
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| 43 | + | 11 exited high school. |
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| 44 | + | 12 (2) Documentation that the individual has received |
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| 45 | + | 13 services or accommodations provided to the individual |
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| 46 | + | 14 under a Section 504 plan provided to the individual |
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| 47 | + | 15 pursuant to Section 504 of the federal Rehabilitation Act |
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| 48 | + | 16 of 1973. The public institution of higher education may |
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| 49 | + | 17 request additional documentation from an individual who |
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| 50 | + | 18 has received services or accommodations provided to the |
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| 51 | + | 19 individual under a Section 504 plan if the Section 504 |
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| 52 | + | 20 plan was not in effect immediately prior to the date when |
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| 53 | + | 21 the individual exited high school. |
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| 54 | + | 22 (3) Documentation of a plan or record of service for |
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| 55 | + | 23 the individual from a private school, a local educational |
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| 56 | + | 24 agency, a State educational agency, or an institution of |
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| 57 | + | 25 higher education provided under a Section 504 plan |
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| 58 | + | 26 pursuant to Section 504 of the federal Rehabilitation Act |
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60 | | - | of 1973 or in accordance with the federal Americans with |
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61 | | - | Disabilities Act of 1990. |
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62 | | - | (4) A record or evaluation from a relevant licensed |
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63 | | - | professional finding that the individual has a disability. |
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64 | | - | (5) A plan or record of disability from another |
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65 | | - | institution of higher education. |
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66 | | - | (6) Documentation of a disability due to military |
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67 | | - | service in the uniformed services. |
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68 | | - | (c) The policy adopted under subsection (a) must be |
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69 | | - | transparent and explicit regarding information about the |
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70 | | - | process by which the public institution of higher education |
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71 | | - | determines eligibility for accommodations for an individual |
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72 | | - | with a disability. Each public institution of higher education |
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73 | | - | shall disseminate such information to students, parents, and |
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74 | | - | faculty in accessible formats, including during any student |
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75 | | - | orientation, and make the information readily available on a |
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76 | | - | public website of the institution. |
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77 | | - | (d) A public institution of higher education may establish |
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78 | | - | less burdensome criteria than the criteria described in this |
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79 | | - | Section to establish whether an enrolled or admitted student |
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80 | | - | is an individual with a disability. |
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81 | | - | Section 15. Establishment of reasonable accommodation. A |
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82 | | - | public institution of higher education shall engage in an |
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83 | | - | interactive process to establish a reasonable accommodation, |
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84 | | - | including requesting additional documentation, if needed, for |
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87 | | - | an individual pursuant to Section 504 of the federal |
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88 | | - | Rehabilitation Act of 1973 and the federal Americans with |
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89 | | - | Disabilities Act of 1990. |
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90 | | - | Section 90. Construction with federal law. Nothing in this |
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91 | | - | Act shall be construed to conflict with the terms "reasonable |
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92 | | - | accommodation" and "record of such an impairment" under the |
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93 | | - | federal Americans with Disabilities Act of 1990 or the rights |
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94 | | - | or remedies provided under the federal Americans with |
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95 | | - | Disabilities Act of 1990. |
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| 69 | + | 1 of 1973 or in accordance with the federal Americans with |
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| 70 | + | 2 Disabilities Act of 1990. |
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| 71 | + | 3 (4) A record or evaluation from a relevant licensed |
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| 72 | + | 4 professional finding that the individual has a disability. |
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| 73 | + | 5 (5) A plan or record of disability from another |
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| 74 | + | 6 institution of higher education. |
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| 75 | + | 7 (6) Documentation of a disability due to military |
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| 76 | + | 8 service in the uniformed services. |
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| 77 | + | 9 (c) The policy adopted under subsection (a) must be |
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| 78 | + | 10 transparent and explicit regarding information about the |
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| 79 | + | 11 process by which the public institution of higher education |
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| 80 | + | 12 determines eligibility for accommodations for an individual |
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| 81 | + | 13 with a disability. Each public institution of higher education |
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| 82 | + | 14 shall disseminate such information to students, parents, and |
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| 83 | + | 15 faculty in accessible formats, including during any student |
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| 84 | + | 16 orientation, and make the information readily available on a |
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| 85 | + | 17 public website of the institution. |
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| 86 | + | 18 (d) A public institution of higher education may establish |
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| 87 | + | 19 less burdensome criteria than the criteria described in this |
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| 88 | + | 20 Section to establish whether an enrolled or admitted student |
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| 89 | + | 21 is an individual with a disability. |
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| 90 | + | 22 Section 15. Establishment of reasonable accommodation. A |
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| 91 | + | 23 public institution of higher education shall engage in an |
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| 92 | + | 24 interactive process to establish a reasonable accommodation, |
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| 93 | + | 25 including requesting additional documentation, if needed, for |
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| 104 | + | 1 an individual pursuant to Section 504 of the federal |
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| 105 | + | 2 Rehabilitation Act of 1973 and the federal Americans with |
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| 106 | + | 3 Disabilities Act of 1990. |
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| 107 | + | 4 Section 90. Construction with federal law. Nothing in this |
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| 108 | + | 5 Act shall be construed to conflict with the terms "reasonable |
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| 109 | + | 6 accommodation" and "record of such an impairment" under the |
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| 110 | + | 7 federal Americans with Disabilities Act of 1990 or the rights |
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| 111 | + | 8 or remedies provided under the federal Americans with |
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| 112 | + | 9 Disabilities Act of 1990. |
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