An Administrator's Guide to California Private School Law Compendium

 Performance problems.

 Medical examiner should be specialist in the area at issue. Interactive Process  Must be timely and in good faith.  Applies to known physical or mental disability.

 Participation is a mutual obligation between the school and employee.  School’s failure to engage in the interactive process or responsibility for a breakdown of the process may result in liability.  A verbal or written request for accommodation.  A doctor’s note with work restrictions.  Absence from work after exhaustion of accrued leave and/or other legally protected leave (i.e. FMLA/CFRA leave).  Performance problems.  Existence of a mental impairment or physical impairment that limits the employee’s ability to perform the essential functions of the job.  Accommodation(s) that would enable employee to perform essential job functions.  Existence of risk of substantial harm to the health and safety of the employee or others.  Duration of the requested accommodation.

May be triggered by:

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 School may seek information/documentation concerning:

 Convene meeting with employee to discuss potential accommodations.  Determine what reasonable accommodations can be provided.  Documentation is critical.  Notify employee of interactive process meeting.

 Document information received before and during the meeting.  Confirm with employee information provided and considered, and notify employee of determination.

Examples of reasonable accommodations include:  Making existing facilities accessible.  Job restructuring.

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An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 137