An Administrator's Guide to California Private School Law Compendium

 Need not provide attendants or individually prescribed devices. o School has discretion to determine the accommodation provided. o Maintain confidentiality of disability or accommodations by only disclosing to school employees with a need to know.

Inability to Accommodate a Student 

Need not provide accommodations that either:

 Fundamentally alter the school’s programs or academic standards; or  Create an undue financial or administrative burden on the school’s resources.

 Need not continue to enroll a student who presents a safety risk to self or others.  Risk of a direct threat to the safety of self or others means a significant risk that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.  Direct threat is based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence in order to ascertain:

 Nature of the risk,  Duration of the risk,  Severity of the risk,  Probability that potential injury will occur, and  Whether reasonable modifications of policies, practices or procedures will mitigate the risk.

 Written notice must be provided to the student/parents of the determination and reasons supporting the inability to reasonably accommodate.

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 135

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