Establishes the "Missouri Pathways to Access and Success Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 1639
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4410H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 173 and 324, RSMo, by adding thereto two new sections relating to
accommodations for individuals with disabilities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 173 and 324, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 173.2525 and 324.1 172, to read as follows:
173.2525. 1. This section and section 324.1 172 shall be known and may be cited
2 as the "Missouri Pathways to Access and Success Act (P ASA)".
3 2. As used in this section, the following terms mean:
4 (1) "Accommodation", any modification or adjustment to the envir onment,
5 format, or administrative process intended to ensure equal access and opportunity for
6 an individual with a disability;
7 (2) "Disability", a physical or mental impairment substantially limiting one or
8 mor e major life activities, as defined under the Americans with Disabilities Act (ADA),
9 42 U.S.C. Section 12101 et seq.
10 3. Each public institution of higher education shall adopt a policy on the
11 documentation the institution r equir es fr om an enr olled or admitted student to establish
12 that the student has a disability and is ther efor e eligible for accommodations. The
13 policy shall make any of the following documentation sufficient to establish that the
14 student has a disability:
15 (1) Documentation that the student has had an individualized education
16 pr ogram (IEP) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.
17 Section 1400 et seq., as amended;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (2) Documentation that the student has receive d services or accommodations
19 under Section 504 of the Rehabilitation Act of 1973;
20 (3) Documentation that the student has receive d services under the Americans
21 with Disabilities Act (ADA);
22 (4) A reco rd or evaluation fro m a licensed pr ofessional finding that the student
23 has a disability;
24 (5) A plan or r ecord of disability services for the student fr om another
25 institution of higher education; or
26 (6) Documentation of a disability due to military service in the uniformed
27 services, as defined in 20 U.S.C. Section 1091c(a).
28 4. A public institution of higher education may establish less burdensome
29 criteria to establish that a student has a disability than the criteria described in
30 subsection 3 of this section.
31 5. The policy adopted under this section shall be transparen t and provi de
32 information about the pro cess for determining eligibility for accommodations. Each
33 public institution of higher education shall disseminate such information to students,
34 par ents, and faculty in accessible formats, including during orientation, and shall make
35 the information publicly available on the institution's website.
324.1 172. 1. As used in this section, the following terms mean:
2 (1) "Accommodation", any modification or adjustment to the envir onment,
3 format, or administrative process intended to ensure equal access and opportunity for
4 an individual with a disability;
5 (2) "Accommodation r equest", any r equest for accommodations on a
6 pr ofessional licensing examination made by an applicant;
7 (3) "Applicant", any individual applying to take a pr ofessional licensing
8 examination;
9 (4) "Disability", a physical or mental impairment substantially limiting one or
10 mor e major life activities, as defined under the Americans with Disabilities Act (ADA),
11 42 U.S.C. Section 12101 et seq.;
12 (5) "Licensing body", any agency , board, commission, or entity res ponsible for
13 administering a pr ofessional licensing examination in this state;
14 (6) "Pro fessional licensing examination", any examination req uired to be
15 successfully passed in order to obtain a license, certificate, r egistration, permit, or other
16 authorization to legally practice an occupation or profes sion in this state;
17 (7) "Qualified tr eating pr ofessional", a clinician who:
18 (a) Is licensed or certified in a field r elevant to the applicant's disability
19 including, but not limited to, psychologists, psychiatrists, physicians, nurse
HB 1639 2
20 practitioners, audiologists, occupational therapists, speech therapists, and licensed
21 mental health profes sionals;
22 (b) Has an existing therapeutic or clinical r elationship with the applicant;
23 (c) Has conducted an individualized evaluation that review s medical or
24 psychological history , functional limitations, and diagnostic testing; and
25 (d) Is qualified to interpr et assessment re sults and explain how those limitations
26 justify the req uested accommodation.
27 2. An applicant's documented history of receivi ng accommodations during
28 secondary , postsecondary , or graduate education, or on comparable standardized
29 examinations, shall be considere d str ong evidence of the need for similar
3 0 accommodations and shall creat e a rebutta ble presum ption of eligibility for similar
31 accommodations on pr ofessional licensing examinations.
32 3. If an applicant provi des documentation fr om a qualified tr eating pr ofessional
33 that certifies the need for a specific accommodation on a pr ofessional licensing
34 examination, the licensing body shall grant such accommodation unless the licensing
35 body pr ovides clear and convincing evidence demonstrating that the req uested
36 accommodation would fundamentally alter the natur e of the examination or pose an
37 undue burden.
38 4. The opinion of a qualified tr eating profession al shall be pr esumed valid and
39 afforded substantial defer ence by licensing bodies. Licensing bodies shall not deny
40 accommodations on a pr ofessional licensing examination based solely on the opinion of
41 an expert who has not personally examined or tr eated the applicant unless objective
42 evidence of fraud or misrep res entation supports the denial.
43 5. Licensing bodies shall provi de written notification of decisions within thirty
44 days of receiv ing a complete application for a pr ofessional licensing examination
45 accompanied by an accommodation req uest.
46 6. Any denial of an accommodation reque st shall include a detailed explanation
47 specifying the r easons for denial, the evidence relied upon, and the qualifications and
48 cr edentials of any experts whose opinions wer e used.
49 7. Licensing bodies shall not impose excessive or r epeated documentation
50 r equir ements for applicants making accommodation r equests. Documentation
5 1 pr eviously accepted by educational institutions or other examination bodies shall be
52 sufficient unless the licensing body provi des clear evidence of a material change in
53 cir cumstances.
54 8. Licensing bodies that use experts to assist them in evaluating accommodation
55 r equests shall:
HB 1639 3
56 (1) Engage only experts with specialized training in ADA compliance and
57 accommodation evaluations;
58 (2) Ensure the experts are independent and impartial; and
59 (3) Ensure the experts disclose all compensation, past r ecommendations, and
60 potential conflicts of interes t to the applicant upon req uest.
61 9. Any applicant denied accommodations on a pr ofessional licensing
6 2 examination shall have the right to appeal to an independent r eview panel established
63 within the division of profes sional reg istration of the department of commer ce and
64 insurance. The panel shall consist of thr ee members appointed by the dir ector of the
65 department of commer ce and insurance, including at least one disability rights
66 advocate, one licensed pro fessional examiner , and one attorney licensed in this state.
67 The panel shall r ender a decision within forty-five days of the filing of an appeal. The
68 decision of the panel shall be binding on the licensing body .
69 10. Any licensing body found by the independent rev iew panel established in
70 subsection 9 of this section or a court of competent jurisdiction to have wron gfully
71 denied an accommodation shall reim burse the applicant for reas onable attorney's fees
72 and costs incurr ed in administrative procee dings, appeals, or litigation necessary to
73 obtain the accommodation.
74 1 1. Each licensing body shall annually repo rt to the department of commer ce
75 and insurance the number of accommodation requ ests r eceived, granted, denied, and
76 appealed and the outcomes ther eof. The rep orts shall be disaggr egated by licensing
77 body and published on the department's public website before February first of each
78 year .
79 12. All licensing bodies shall pr ovide ADA and accommodation compliance
80 training to all personnel involved in evaluating accommodation r equests at least once
81 every two years. The training shall be prov ided by an external ADA compliance expert
82 appr oved by the Missouri commission on human rights or a federally reco gnized ADA
83 training entity .
84 13. No licensing body shall ret aliate against an applicant for making an
85 accommodation request or appealing a denial of an accommodation r equest.
✔
HB 1639 4