An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

The report of the student’s exclusion to the County Superintendent of Schools must include the name, age, last known address and reason for exclusion or suspension of the student. 1597

3. S ECTION 504 O F T HE R EHABILITATION A CT A ND T HE IDEA A PPLY O NLY T O P RIVATE S CHOOLS T HAT R ECEIVE F EDERAL F UNDING Schools that do not receive federal funding are not subject to Section 504 of Rehabilitation Act and IDEA. 1598 Many families will cite to Section 504 or the IDEA under the belief that these statutes apply to private schools. These two federal laws create certain obligations for private schools with regard to students with disabilities, but only as to schools that receive federal funding. School administrators should, however, be aware that federal financial assistance may take various forms of financial or nonfinancial support (i.e., goods, services, use of property or equipment, training). A private school may be considered to have received federal funds if it participates in a federal program. Whether participation in a federal program constitutes receipt of “federal financial assistance” is determined on a program by program basis. For example, a school may be considered to have received federal financial assistance if it participates in a U.S. Department of Agriculture program such as the national school lunch program (even if the federal program is administered through the state of California.) B. T ITLE III O F T HE ADA 1. A PPLIES T O P LACE O F P UBLIC A CCOMMODATION Under Title III of the ADA, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 1599 The obligations and responsibilities of Title III apply only to a place of public accommodation, which includes a “nursery, elementary, secondary, undergraduate, or postgraduate private school.” 1600 2. E XEMPTION F OR R ELIGIOUS S CHOOLS Religious-operated schools are not subject to the requirements of Title III because the statute specifically exempts from coverage “religious organizations or entities controlled by religious organizations.” 1601 School administrators should, however, be cognizant that a school will still be subject to the employment obligations of Title I of the ADA if it has sufficient employees to meet the requirements for coverage. 1602 a. When Is A School Considered A Religious Entity? A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship. 1603 Where an organization has a lay board, it may or may not be subject to the exemption. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board. 1604

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