An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

disabilities. 1984 These types of inquiries are considered unnecessary inquiries and are prohibited by the ADA. For example, the Department of Justice has opined that [a] private summer camp requires parents to fill out a

questionnaire and to submit medical documentation regarding their children's ability to participate in various camp activities. The questionnaire is acceptable if the summer camp can demonstrate that each piece of information requested is needed to ensure safe participation in camp activities. The camp, however, may not use this information to screen out children with disabilities from admittance to the camp. 1985

Schools are advised against inquiring about medical information or whether students have received special education or an Individual Education Plan on an admissions application or during an interview. Schools should also not inquire into the types of medication(s) a student takes in the initial admissions process. Asking such questions prior to acceptance of a student creates the risk that a student who is not accepted to the school will claim the admission decision was unlawfully based on the student’s disability or medical information. The safer course of action is to accept the student or offer an acceptance that is conditioned on the school ensuring it is the right educational fit for a student (i.e., if the school has the abilities and resources to provide an education to the student). LCW Practice Advisor Parents are increasingly demanding accommodations for their children’s disabilities. By avoiding inquiries about disabilities until a formal offer of enrollment, the school will be in a much better position to defend itself from a claim. 3. S ECTION 504 O F T HE R EHABILITATION A CT O F 1973 Section 504 of the Rehabilitation Act of 1973, states that “[n]o otherwise qualified individual with a disability in the United States… shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 1986 The Rehabilitation Act applies to private schools that receive “federal financial assistance.” 1987 Federal financial assistance can be in the form 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. LCW Practice Advisor Religious schools are exempt from Title III of the ADA. However, unnecessary inquiries could still result in invasion of privacy and other claims.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 479