Policies and Practices

1) During the enrollment process, LLA can make only the following disability-related inquiries on application materials, which inquiries must be posed uniformly on the application materials of all potential enrollees: “Would your child need assistance and/or modifications to LLA’s Programs and Services in order to fully participate in LLA’s Programs and Services? (Yes or No – circle one). Any requests for assistance and/or modifications must be made to the school’s principal, assistant principal and/or LLA’s ADA Compliance Officer.”

2) When LLA receives a request for a reasonable modification, LLA will initiate, within a reasonable period of the receipt of the request not to exceed twenty-one (21) calendar days under routine circumstances, a discussion with the parent(s)/guardian(s) to determine whether the student has a disability for which reasonable modifications may be made and to explore what reasonable modifications may be feasible. LLA shall hold open a slot for an applicant with a disability while a reasonable modification decision is being made.

3) After receiving a new or revised request for a reasonable modification, or upon determination (after consultation with the student’s parent(s)/guardian(s)) by LLA staff that a reasonable modification may be appropriate, LLA may consult, as necessary at its discretion, with LLA educators or administrators, with the student’s parent(s)/guardian(s), with experts suggested by the parent(s)/guardian(s), and any expert or experts retained or employed by LLA, as needed, in order to determine whether the student may be enrolled or may continue to be enrolled with reasonable modification.

4) When LLA receives a request for reasonable modification, or LLA staff have determined (after consultation with the student’s parent(s)/guardian(s)) that a reasonable modification may be appropriate, parent(s)/guardian(s) may submit any information they deem relevant to LLA’s decision (including, but not limited to, statements from the student’s medical or treating professional), and LLA may ask the student’s parent(s)/guardian(s), in writing, for the following information:

a) A description from a health care or learning professional of how the student’s impairment may limit his or her participation in LLA’s Programs and Services. This description may include:

i) The specific limitation of the student;
ii) A description of the duration and severity of the condition;
iii) Any modifications to LLA Programs and Services which the health care or learning professional suggests are necessary to permit the student to participate in LLA Programs and Services.

b) If one exists, an educational evaluation, such as an Individualized Family Service Plan (“IFSP”), Individualized Educational Plan (“IEP”) or other professional evaluation or assessment of the student. However, to the extent that such information is provided, the parent(s)/guardian(s) of the student may redact any sensitive personal information contained therein, including information on the student’s family members (such as medical history or genetic information regarding a student’s sibling(s), parent(s) or guardian(s)) as long as that information is unrelated to the core objectives of the IEP or similar plan.

c) A description of the circumstances in which LLA should notify the parent(s)/guardian(s) of changes in a student’s condition or seek emergency medical attention.

5) The information provided pursuant to the immediately previous paragraph is for the exclusive purpose of enabling LLAto make a decision about whether reasonable modifications in its policies, practices, or procedures can be made if necessary to provide LLA Programs and Services to a student with a disability and for use in providing LLA Programs and Services to such student. The information shall be shared, on an as-needed basis, only with LLA staff involved in the reasonable modification determination and who are involved in the implementation of any reasonable modification. If LLA believes that it lacks enough information to decide whether it can make reasonable modifications for the student, LLA will use its best efforts to describe with specificity what additional information it needs and will contact the parent(s)/guardian(s) in writing and request such additional information. LLA
will notify parent(s)/guardian(s) that, under routine circumstances, if they provide no further information within twenty-one (21) calendar days, LSS may proceed with its reasonable modification decision without that information.

6) In determining whether a requested modification is reasonable, LLA personnel shall take into account the following:

a) Whether the requested modification if provided would require a fundamental alteration to LLA Programs and Services.
b) Whether the requested modification would result in an undue burden.
c) LLA is not required to enroll, or keep enrolled, a student when that student poses a direct threat to the health or safety of others. 28 C.F.R. §36.208 (a)-(c).
d) If a modification request includes the presence of one or more individual aides, assistants, para-educators or support providers to assist the student:

i) LLA shall not deny admission to or disenroll a student with a disability because the student needs the assistance of an aide, assistant, para-educator or support provider, whether in or outside of the classroom, unless such modification would fundamentally alter LLA Programs and Services or result in an undue burden. LLA shall not be required to provide or pay for non-LLA employed individual aides, assistants, para-educators or support providers.
ii) LSS is not required to enroll, or keep enrolled, a student when that student poses a direct threat to the health or safety of others. 28 C.F.R. §36.208(a)-(c).
iii) LLA may require that the parent(s)/guardian(s) of a student who has been professionally evaluated through an IEP, an IFSP, or similar evaluation provided through the student’s parent(s)/guardian(s) as requiring one-on-one assistance at all times in a classroom ensure that the aide, assistant, para-educator or support provider be present at all times. LLA will make reasonable modifications to allow such students to attend LLA Programs and Services unless such reasonable modifications result in a fundamental alteration (including an undue burden).
iv) LLA shall be entitled to ensure that any aide, assistant, para-educator or support provider provided by other persons or entities meets all requirements that apply to other non-L educational service providers who provide services directly to students and who come into LLA schools.
v) Where LLA has some concern about the presence of multiple aides in a single classroom, LLA will evaluate on a case-by-case basis and in accordance with the ADA and this Policy whether in a particular instance the presence of multiple aides in a single classroom will constitute a fundamental alteration to LLA Programs or Services or result in an undue burden.
vi) LLA may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. 28 C.F.R. § 36.301(b).

7) LLA will not admit a prospective student or may dis enroll a student whose parent(s)/guardian(s) unreasonably withhold their cooperation (such as by refusing to provide information necessary to making a reasonable modification determination) during the reasonable modification process.

8) Decisions about whether to provide reasonable modifications to LLA’s Programs and Services for a given student will be reduced to writing, signed by the principal and the student’s parent(s)/guardian(s) and provided to the parent(s)/guardian(s) in the form of a modification plan within a reasonable period following LLA’s receipt of the information needed to make its decision (which period is not to exceed twenty-one (21) calendar days, under routine circumstances, from the date of LLA’s receipt of the information needed to make its decision).

9) LLA may refuse to enroll or may dis enroll a student if that student’s parent(s)/guardian(s) fail to sign the modification plan within a reasonable time of the receipt by the parent(s)/guardian(s) of the modification plan, such time not to exceed twenty-one (21) calendar days under routine circumstances from the date of the communication of the modification plan to the parent. The twenty-one (21) day time frame referenced in this paragraph shall be communicated to the parent(s)/guardian(s) upon transmission to them of the modification plan.

10) The modification plan will describe the student’s disability and any identified limitations caused by the disability, any modifications requested, any modifications agreed to, and next review date (if one is scheduled). Modification plans may be reviewed earlier than the review date at the discretion of LLA or at the request of a student’s parent(s)/guardian(s). If LLA determines that a requested modification is not reasonable, LLA will communicate the decision summarizing the reasons for the decision to the