LLA Non-Discrimination Policy

1) Living Legacy Academy, here in called LLA, is committed to providing an education to all of its students (which term includes, but is not limited to, any adult/child enrolled in any LLA facility). As part of that commitment, LLA makes its programs, facilities, and services available on a non-discriminatory basis, including to students with disabilities, as required under Title III of the Americans with Disabilities Act, as amended, 42 U.S.C. §§ 12101, et seq. (“ADA”).

2) In accordance with this commitment, LLA has instituted this Disability Non-Discrimination Policy (“the Policy”).

3) LLA designated ADA Compliance Officer is our Director, Mrs. Erica Conde. Mrs. Erica will review for compliance with the Policy for all decisions not to enroll a student with a disability, or to disenroll a student with a disability.

4) LLA deems respect for the rights of all and for the differences among us is essential for the Living Legacy Academy community. Discrimination or harassment of others on the basis of race, color, ethnicity, national origin, religion, sex, sexual orientation, gender identity and/or expression, age, marital status, place of birth, veteran status or against qualified individuals with disabilities on the basis of disability has no place in our intellectual community. If members of the Living Legacy Academy community experience or witness any apparent incident of harassment or discrimination by students, faculty, or staff, they are encouraged to report it immediately to Director. Such incidents violate both the ideals of the Living Legacy Academy and its core values and may be subject to appropriate disciplinary actions.

5) LLA shall not make unnecessary inquiries into the existence of a disability and shall not impose or apply eligibility criteria that screen out or tend to screen out students with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations (together referred to in the Policy as “LLA Programs and Services”) unless such criteria are necessary for the provision of LLA Programs and Services. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a).

6) In accordance with the ADA, LLA will make reasonable modifications as necessary to afford LLA Programs and Services to students with disabilities unless such modifications result in a fundamental alteration (including an undue burden). Furthermore, 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. The terms “fundamental alteration,” “undue burden,” and “direct threat” are defined herein below and in the ADA’s implementing regulations. 28 C.F.R. § 36.302(a); 28 C.F.R. § 36.208(a)-(c); 28 C.F.R. 36.104.

7) Reasonable modifications will be considered following any request made by a student’s parent(s)/guardian(s) or upon staff recommendation (provided that such staff recommendation is made after consultation with the student’s parent(s)/guardian(s)). A request for modification made by a parent(s)/guardian(s) must be made to LLA’s Director. Such request may be made orally or in writing and need not be “formal” (for instance, it need not use the words “reasonable modification”).

8) Nothing in the Policy is intended to cause LLA to violate any provision of any state, local or municipal law.

9) The Policy shall be interpreted and applied consistently with the requirements of the ADA.

10) LLA is entitled to refuse to enroll or disenroll a student in accordance with the provisions of the ADA and the Policy.

11) For the purposes of the Policy:

a) “Disability” means a physical or mental impairment that substantially limits one or more major life activities; a record of such impairment; or being regarded as having such an impairment. 42 U.S.C. § 12102(1); 28 C.F.R. § 36.104.

b) “Reasonable modifications” are modifications to LLA’s policies, practices, or procedures when such modifications are necessary to afford LLA Programs and Services to students with disabilities, unless LLA can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §12182 (b)(2)(A)(ii); 28 C.F.R. § 36.302(a).

c) “Undue burden” means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include: (1) The nature and cost of the action needed; (2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety
requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the overall financial resources of any parent corporation or
entity; the overall size of any parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of any parent corporation or entity. 28 C.F.R. § 36.104.

d) A “fundamental alteration” is one that fundamentally alters the nature of goods, services, facilities, privileges, advantages, or accommodations afforded by LLA. 28 C.F.R. § 36.302(a).

e) “Direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures or by the provision of auxiliary aids or services. 28 C.F.R. § 36.208.