An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

In response to the findings, the university entered into a settlement agreement with the DOJ to: (1) revise and adopt several disability-related policies, (2) ensure that its web-based materials created since 2010 are accessible, and (3) provide ADA training on a quarterly basis to university instructors and administrators. Pursuant to the settlement agreement, the university and its board of trustees also agreed to pay the blind student $23,543 in damages and to purge any reference on his academic transcript to the course from which he withdrew. The DOJ also entered into an agreement with Milwaukee Montessori School, a private day school, after filing a complaint against the school for failing to make reasonable accommodations for a student with a genetic condition affecting his neurological and musculoskeletal systems. 1617 The school had a first aid policy providing that head injuries are treated very seriously and if a child hits his or her head at school, he or she will not be permitted to nap the rest of the day. The student’s disability caused him to fall more frequently than other toddlers, and he often bumped his head when he fell. The student was never allowed to nap after this occurred. The student’s parents requested that the school make an exception to the “no nap” policy. They explained that the child’s doctor was not concerned about the type of head bump he might incur due to his frequent stumbles. As long as he was not displaying any signs of an actual head injury, he should be permitted to nap. Furthermore, skipping the naps was making him exhausted, leading to even more falls than normal. The school, however, refused to make an exception to its policy for the student and also stated that the school was not a good placement for the student and he would no longer be allowed to attend. The DOJ accused the school of violating Title III of the ADA by refusing to make reasonable accommodations to allow the student to enjoy the full services of the school. The school eventually settled by making a $50,000 payment to the family, as well as instituting a new anti- discrimination policy and receiving training on the ADA and reasonable accommodations. By contrast, in McCulley v. University of Kansas School of Medicine , the court determined that accommodations requested by a medical student who suffered from spinal muscular atrophy were not reasonable. 1618 The medical school provided the student with a list of physical requirements for her program and asked her to share the list with her doctor. The doctor completed a form indicating that the student would need assistance with lifting and positioning patients, stabilizing elderly patients, and performing life support. Based on the doctor’s report, the school concluded that the student could not meet its required motor technical standards and rescinded her admission. The student sued under the ADA. The student’s suit was brought under Title II of the ADA because the school is a state institution. Title II, like Title III, states that the entity is not required to modify its programs if it can demonstrate that the modification would fundamentally alter the nature of the program or services. The school argued that the requested accommodations would essentially render the student an observer in critical aspects of her role as a student, and later as a physician. Furthermore, the school cannot change the motor technical standards related to its formal accreditation. The court agreed, noting that the school’s requirements are not arbitrary constructs, but rather part of the United States Medical Licensure Examination. The ADA does not authorize courts to make sweeping changes to the entire content of medical school curricula. The court agreed that the

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