An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

For example, a school may be considered to have received federal financial assistance if it participates in a US Department of Agriculture program such as the national school lunch program 1988 (even if the federal program is administered through the state of California). 1989 Some federal programs for private schools have been structured so that schools may accept goods as a loan to avoid being considered to have received federal funding. For example, in 2008, Homeland Security distributed emergency weather radios to all non-public schools. Homeland Security entered into a license agreement with each school and “ownership remain[ed] vested in the U.S. government.” 1990 Under the program, “[p]lacement of the radio in a nonpublic school under the license agreement [did] not make the nonpublic school a recipient of federal financial assistance.” 1991 Therefore, since programs vary, we recommend that schools closely review each federal program before agreeing to participate to determine if participation or the receipt of goods/services through the program constitutes a receipt of federal funds. A school that is covered by the Rehabilitation Act of 1973 cannot deny admission based solely on the existence of a disability. The Supreme Court has noted that “[s]ection 504 by its terms does not compel educational institutions to disregard the disabilities of handicapped individuals or to make substantial modifications in their programs to allow disabled persons to participate. Instead, it requires only that an ‘otherwise qualified handicapped individual’ not be excluded from participation in a federally funded program ‘solely by reason of his handicap,’ indicating only that mere possession of a handicap is not a permissible ground for assuming an inability to function in a particular context.” 1992 C. R EPORTING R EQUIREMENTS F OR S PECIAL N EEDS S TUDENTS D ENIED A DMISSION In California, when children with special needs are denied enrollment, suspended for more than ten days, or expelled from a private school, the principal of the private school must report the exclusion or expulsion to the County Superintendent of Schools. 1993 The report of the student exclusion to the County Superintendent of Schools must include the name, age, last known address, and reason for exclusion or suspension of the student. 1994 The County Superintendent has a duty to examine the reports and bring any cases where the interests of the child may need further examination to the attention of the County Board of Education and the Governing Board of a School District. 1995 D. A CCOMMODATING S PECIAL N EEDS S TUDENTS I N E NTRANCE T ESTING P ROCESS Students with physical or mental disabilities may request accommodations in connection with entrance exam testing. Under the ADA, non-religious 1996 private schools must provide reasonable accommodations on standardized tests for applicants with qualifying disabilities: “Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.” 1997

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 480