SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL AGENCIES.

SEC. 108. [29 U.S.C. 2618] SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL AGENCIES. (a) Application.— (1) In general.—Except as otherwise provided in this section, the rights (including the rights under section 104, which shall extend throughout the period of leave of any employee under this section), remedies, and procedures under this title shall apply to— (A) any “local educational agency” (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) and an eligible employee of the agency; and (B) any private elementary or secondary school and an eligible employee of the school. (2) Definitions.—For purposes of the application described in paragraph (1): (A) Eligible employee.—The term “eligible employee” means an eligible employee of an agency or school described in paragraph (1). (B) Employer.—The term “employer” means an agency or school described in paragraph (1). (b) Leave Does Not Violate Certain Other Federal Laws.—A local educational agency and a private elementary or secondary school shall not be in violation of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result of an eligible employee of such agency or school exercising the rights of such employee under this title. (c) Intermittent Leave or Leave on a Reduced Schedule for Instructional Employees.— (1) In general.—Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such educational agency or school requests leave under subparagraph (C) or (D) of section 102(a)(1) or under section 102(a)(3) that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days in the period during which the leave would extend, the agency or school may require that such employee elect either— (A) to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or (B) to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified, and that— (i) has equivalent pay and benefits; and (ii) better accommodates recurring periods of leave than the regular employment position of the employee. (2) Application.—The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with section 102(e)(2). (d) Rules Applicable to Periods Near the Conclusion of an Academic Term.—The following rules shall apply with respect to periods of leave near the conclusion of an academic term in the case of any eligible employee employed principally in an instructional capacity by any such educational agency or school: (1) Leave more than 5 weeks prior to end of term.—If the eligible employee begins leave under section 102 more than 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if— (A) the leave is of at least 3 weeks duration; and (B) the return to employment would occur during the 3-week period before the end of such term. (2) Leave less than 5 weeks prior to end of term.—If the eligible employee begins leave under subparagraph (A), (B), or (C) of section 102(a)(1) or under section 102(a)(3) during the period that commences 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if— (A) the leave is of greater than 2 weeks duration; and (B) the return to employment would occur during the 2-week period before the end of such term. (3) Leave less than 3 weeks prior to end of term.—If the eligible employee begins leave under subparagraph (A), (B), or (C) of section 102(a)(1) or under section 102(a)(3) during the period that commences 3 weeks prior to the end of the academic term and the duration of the leave is greater than 5 working days, the agency or school may require the employee to continue to take leave until the end of such term. (e) Restoration to Equivalent Employment Position.—For purposes of determinations under section 104(a)(1)(B) (relating to the restoration of an eligible employee to an equivalent position), in the case of a local educational agency or a private elementary or secondary school, such determination shall be made on the basis of established school board policies and practices, private school policies and practices, and collective bargaining agreements. (f) Reduction of the Amount of Liability.—If a local educational agency or a private elementary or secondary school that has violated this title proves to the satisfaction of the court that the agency, school, or department had reasonable grounds for believing that the underlying act or omission was not a violation of this title, such court may, in the discretion of the court, reduce the amount of the liability provided for under section 107(a)(1)(A) to the amount and interest determined under clauses (i) and (ii), respectively, of such section.