(a) An individual applying for a credential, as defined in Education Code Section 44002, who has a mental disability, physical disability, or medical condition as defined in Government Code Section 12926, may request a reasonable accommodation pursuant to subsection (b) of Government Code Section 12944. The applicant shall provide reasonable medical documentation confirming the existence of the disability or medical condition and the need for reasonable accommodation. Requests for reasonable accommodation from an individual with a disability shall be approved or denied following an evaluation by the Certification Division (Division). Upon receipt of a request for reasonable accommodation from an individual with a disability or medical condition, the Division shall approve the request unless, after conducting an individualized assessment and engaging in an interactive process with the applicant, the Division determines that there is an alternative, equally effective reasonable accommodation. The Division shall give preference to the applicant's requested accommodation. The Division shall deny reasonable accommodation only if it would fundamentally alter the nature of the Commission's services, programs, or activity.(b) All materials submitted in support of a request for reasonable accommodation shall be kept confidential and shall not be disclosed to any third party unless required by law or with the applicant's express written permission. Where the applicant appeals the decision of the Division, review of these materials by the Commission shall be pursuant to paragraph (2) of subsection (c) of Government Code Section 11126 and Section 80516.Cal. Code Regs. Tit. 5, § 80002.1
1. New section filed 8-8-2019; operative 10-1-2019 (Register 2019, No. 32). Note: Authority cited: Section 44225(q), Education Code. Reference: Section 44002, Education Code; and Sections 11126(c)(2), 12926 and 12944, Government Code.
1. New section filed 8-8-2019; operative 10/1/2019 (Register 2019, No. 32).