An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

school’s racially nondiscriminatory policy must be included in all written advertising used to disseminate its programs to prospective students. 1978 A school’s racially nondiscriminatory policy must also be included in a resolution by its governing body or in its bylaws, charter or

other governing instrument. 1979 LCW Practice Advisor

The IRS provides the following example for schools to use for their “Notice of Nondiscriminatory Policy as to Students”: The M School admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. It doesn't discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs.

B. D ISABILITY B ASED D ISCRIMINATION The Americans with Disabilities Act (“ADA”) prohibits discrimination against qualified individuals with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III). 1. T ITLE III O F T HE ADA Private schools are considered to provide public accommodations under Title III of the ADA. However, private schools that are religious entities or are operated by religious entities are not covered by Title III of the ADA. 1980 Title III of the ADA prohibits discrimination in public accommodations against any individual with a physical or mental disability that substantially limits one or more of the individual’s major life activities. 1981 Places of public accommodation cannot discriminate against individuals with disabilities, including applicants, students, employees, and members of the public that interact with the school. 1982 Schools cannot take the position that they will not accept students with certain disabilities or medical conditions. Schools are required to conduct an individualized, case-by-case analysis into whether a school can reasonably accommodate a student with a disability. Such analysis should include interactive discussions with the family. However, private schools do not need to make modifications that would unduly burden or fundamentally alter the goods, services or operations of their school. 1983 2. U NNECESSARY I NQUIRIES Private schools that are covered under Title III of the ADA may not make unnecessary inquiries into the existence of any disability. Schools may not ask student applicants to provide medical information in their applications that can be used to screen out applicants or students with

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 478