III. W. Section 504

WEST WARWICK PUBLIC SCHOOLS SECTION 504/ADA

PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

Pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with Disabilities Act of 1990 (“ADA”) and their implementing regulations, no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity in the West Warwick Public Schools (“District”). The District does not discriminate in admission or access to, participation or treatment, or employment in, its programs or activities. As such, the District’s policies and practices will not discriminate against students and employees with disabilities, will provide equal opportunity to employment, and will make accessible to qualified individuals with disabilities its facilities, programs, and activities. Disability discrimination will not be permitted in any of the programs, activities, policies, and/or practices in the District.

As used in this policy and as defined under Section 504/ADA (as the same may be amended from time to time), “an individual with a disability” means a person who has, had a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

The Section 504 regulations also require a school district to provide a “free appropriate public education” (FAPE) to each eligible student who has a disability and is in the school district’s jurisdiction. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of the nondisabled students are met and are based upon adherence to the applicable Section 504 and Title II regulations.

1. Free and Appropriate Public Education for Students

The District is committed to identifying, evaluating, and providing a free appropriate public education (FAPE) to students within its jurisdiction who are disabled within the definition of Section 504.

Under Section 504, the District must provide a free appropriate public education to each qualified disabled child. A free appropriate public education, under Section 504, consists of regular or special education and related aids and services that are designed to meet the individual student’s needs and based on adherence to the regulatory requirements on educational setting, evaluation, placement, and procedural safeguards. 34 CFR 104.33, 104.34, 104.35, and 104.36. A student may be handicapped within the meaning of Section 504, and therefore entitled to regular or special education and related aids and services under the Section 504 regulations, even though the student may not be eligible for special education and related services under IDEA. Parent(s)/guardians/custodian(s)/(“parents”) are invited and encouraged to participate fully in the evaluation process, 504 plan development, 504 meetings, etc.

The District will provide non-academic extracurricular services and activities in such a manner as is necessary to afford qualified persons with disabilities an equal opportunity for participation in such services and activities. The District will verify that persons with disabilities participate with persons without disabilities in such activities and services to the maximum extent appropriate.

Any parent who disagrees with a decision made by the District or that disagrees with the student’s 504 team may follow the “Grievance Procedure for Addressing Discrimination” set forth below OR may request a hearing before an impartial hearing officer at the Rhode Island Department of Education (RIDE) OR may file a complaint with the United States Department of Education, Office of Civil Rights (OCR). Contact information for RIDE and OCR can be found at the end of this policy.

2. Employment Practices

Discrimination Prohibited

In accordance with Section 504/ADA, no qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any of the District’s programs or activities. Further, the District will take positive steps to employ and advance in employment qualified individuals with disabilities. The District will not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of disability. Additionally, the District will not participate in any contractual or other relationships that have the effect of subjecting qualified individuals with disabilities who are applicants or employees to discrimination on the basis of disability.

Reasonable Accommodation

The District will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose an undue hardship on the operation of the District’s program and/or activities.

3. Facilities and Programs

No qualified person with a disability will, because the District’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies. This includes, but is not limited to, providing accommodations to parents with disabilities necessary for them to participate as other parents are allowed to participate in their child’s educational programs or meetings pertinent thereto.

For facilities constructed or altered after June 3, 1977, the District will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the District is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. Programs and activities will be designed and scheduled so that the location and nature of the facility or area of the program will not deny a student with a disability the opportunity to participate on the same basis as a student without disabilities. The District will meet its obligations through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, alteration of existing facilities and/or construction of new facilities, or any other method that results in making its programs and activities accessible to persons with disabilities. In choosing among available methods for meeting its obligations, the district will give priority to those methods that serve persons with disabilities in the most integrated setting appropriate.

Designated Official for Addressing Discrimination Complaints

In each school building the Principal is responsible for receiving and investigating reports and complaints of violations of this Policy at the school level. Individuals may file a report or complaints of discrimination with the Principal. In the event that the Complaint alleges violations against the Principal, the Complaint shall be delivered to the Superintendent, who shall appoint an individual to conduct the investigation.

Grievance Procedure for Addressing Discrimination

The following complaint procedure has been established to ensure prompt and effective investigation into allegations of disability discrimination. If the complaint pertains to allegations of disability-based harassment, refer to the District’s Anti-Discrimination/Anti-Harassment Policy and Grievance Procedure.

A person who believes that he or she has been discriminated against is encouraged to report the situation to the Principal immediately. Reports/complaints are to be filed within ninety (90) days after the conduct complained of occurred or the time the individual reasonably becomes aware of the conduct. (Note: this filing period may be extended for good cause.) The report can be written or oral and should consist of the following:

1. the specific action objected to, including but not limited to, a team decision action, or refusal to take an action requested by the parent or alleged denial of FAPE,

2. the date(s) and time(s) of such action or refusal to take an action or alleged denial of FAPE took place,

3. the name(s) of the District staff or other persons believed to be discriminating against them,

4. the name(s) of any witness(es),

5. action sought to remedy the situation, and

6. any other details or information requested by the investigating official.

In addition, the person should provide the Principal with any documentation (emails, notes, pictures, etc.) or other information in support of the allegations of discrimination.

Investigation of Complaints

Upon receipt of a report or complaint, the Principal shall facilitate a prompt investigation. The investigation must allow for the complainant, the subject of the complaint, and the individual alleged to have discriminated to provide information, including the names of witnesses or other evidence, relevant to the investigation of the complaint. The Principal will also endeavor to promptly interview and obtain detailed written statements from the complainant, the subject of the complaint, the individual alleged to have discriminated, as well as any potential witnesses. The Principal will also review any other documents or information that he or she believes is relevant to the investigation.

A written determination regarding the complaint and any resolution will be provided by the Principal to the complainant and the accused within thirty (30) school/working days of the complaint.

Appeal Process

The complainant may request reconsideration of the determination and/or resolution of a complaint by notifying the Superintendent in writing or verbally within seven (7) school/working days of receipt of the written determination of the Principal. The Superintendent or his/her designee will respond to such request within thirty (30) school/working days of receipt of the request for reconsideration; his/her decision is final.

If a violation is found to have occurred, the District will take steps to prevent reoccurrence of the violation and correct its discriminatory effect on the person(s) affected.

If the violation involves the denial of a free and appropriate public education to a student or students, such steps may include re-convening of the 504 team, revision of a 504 plan, compensatory services, development of a safety plan and other remedies, as appropriate.

If the violation involves an employment issue, such steps may include appropriate discipline up to and including possible termination of any employee violating this policy and/or such other remedies as are appropriate.

Confidentiality

Investigations of discrimination complaints shall be conducted in such a manner as to disclose information only to those who need to know or those who may have information pertinent to the investigation. Please note, some level of disclosure may be necessary in the course of conducting interviews in connection with investigation of any complaint under this policy. The West Warwick Public Schools shall endeavor to keep such information as confidential as it can without compromising the thoroughness of the investigation.

State and Federal Authorities

In addition to the process described above, the complainant may, at any time, file a complaint with the Office of Civil Rights, Rhode Island Department of Elementary and Secondary Education, or other appropriate federal or state agency charged with enforcement of state and federal laws prohibiting discrimination.

U.S. Department of Education, Office for Civil Rights

John W. McCormack Building

5 Post Office Square, Suite 900

Boston, MA 02109

Telephone: (617) 289-0111

http://www.ed.gov

Rhode Island Department of Education

255 Westminster Street

Providence, RI 02903

Telephone: (401) 222-4600

http://www.ride.com

Date Adopted:

March 10, 2015

X. Bloodborne Pathogens

WEST WARWICK PUBLIC SCHOOLS

BLOODBORNE PATHOGENS

Exposure Control Plan Policy

I. RATIONALE

1. To provide a comprehensive plan that will:

1. Protect West Warwick Public Schools employees who may be occupationally exposed to blood, other potentially infectious materials, and/or certain other body fluid that may contain bloodborne pathogens.

2. Demonstrate West Warwick Public Schools compliance with the OSHA Bloodborne Pathogen Standard (29 CFR 1910.1030).

II. EXPOSURE CONTROL PLAN

A. Exposure Determination for Each Employee

The Principal, Administrator, Director, School Nurse, or Area Supervisor shall determine the potential occupational exposure to blood or other potentially infectious material (OPIM) of each employee in the department.

1. Appendix A (Exposure Determination/Job Classification) and Appendix B (Exposure Determination Worksheet hall be used as a guideline for identifying job classifications in which employees might reasonably anticipate exposure to blood or other potentially infectious material (OPIM).

2. The potential for employee exposure shall be made without regard to the use of personal protective equipment

B. Infectious or Potentially Infectious Fluids/Materials

1. All blood/body fluids shall be considered potentially infectious, ie:

   1. Blood

   2. Saliva

   3. Urine

   4. Feces

   5. Amniotic fluid

   6. Semen

   7. Vaginal secretions

   8. Cerebrospinal fluid

   9. Pleural fluid

   10. Synovial fluid

   11. Pericardial fluid

2. Any identifiable fluid or secretion or grossly contaminated secretion/excretion.

C. Utilization of Universal Precautions

Universal precautions, whereby all human blood and OPIM are considered potentially infectious, shall be practiced by all employees identified as having occupational exposure to bloodborne pathogens.

D. Utilization of Engineering Controls

Engineering controls, e.g., needle disposal systems, red biohazard plastic liner bags, etc., shall be used to eliminate and/or minimize employees’ occupational exposure. Such controls shall be examined and maintained or replaced at least annually to ensure their effectiveness.

E. Utilization of Work Practice Controls

Work practice controls, e.g., handwashing, sharp precautions, housekeeping, etc., shall be utilized to minimize and/or eliminate employee’s occupational exposure to blood or OPIM.

F. Utilization of Personal Protective Equipment

Employees subject to occupational exposure shall be provided with personal protective equipment which shall be maintained and used in all cases where there is exposure to blood or bodily fluids. Personal protective equipment includes gloves and eye/face protection.

G. Immunization/Post – Exposure Follow-up and Treatment

Each employee subject to occupational exposure shall be strongly encouraged to receive Hepatitis B vaccine at no cost to the employee within 10 working days of initial assignment. Mandatory declination is necessary.

H. Training and Education of Employees

Each employee shall receive training and education in accordance with the OSHA Bloodborne Pathogen Standard upon initial employment and at least annually thereafter.

I. Record Keeping/Compliance

Record-keeping and compliance with this plan shall be in accordance with the OSHA Bloodborne Pathogen Standard.

III. METHODS OF COMPLIANCE

A. General

Hepatitis B vaccine shall be available to each employee who is subject to occupational exposure at no cost to the employee within 10 working days of initial assignment.

Each employee who is subject to occupational exposure shall be offered Hepatitis B vaccine series within10 working days of initial assignment unless the employee has previously received the complete Hepatitis B vaccine series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons. Hepatitis B vaccine shall be available to all current employee personnel subject to occupational exposure and/or after an exposure incident. Any employee subject to occupational exposure (newly hired or currently employed) who declines to accept the Hepatitis B vaccination shall sign a statement noting that he/she has refused the vaccine and understands the risks of such refusal. If, at any time, the employee should decide to accept the vaccine, it shall be made available.

B. Engineering Controls

Engineering controls to eliminate or reduce occupational exposure shall be examined, maintained, or replaced annually or as necessary, and shall be available and easily accessible for use by employees.

C. Work Practices

1. Hand and eye washing

   1. Environmental Factors:

Hand and eye washing facilities including hand washing liquid and paper towels shall be readily accessible in all areas where employees are subject to occupational exposure to bloodborne pathogens. If handwashing facilities are not feasible in a given area or situation, an antiseptic hand cleaner and towels or towelettes shall be provided. Bar soap shall not be left on sinks or countertops.

2. Practices:

Employees shall wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment, or if there has been unanticipated contact with blood or body fluids. Hands or skin surfaces shall be washed with soap and water or other approved hand washing solution and mucous membranes shall be flushed with water immediately or as soon as feasible following any contact with blood or body fluids.

2. Sharps Precautions

Disposal:

Designated leakproof, puncture-resistant containers shall be easily accessible to personnel and located as closely as possible to the areas where sharps are used or use can be reasonably anticipated. Used needles and sharps shall be disposed of immediately. Sharps disposal containers shall not be filled beyond three-fourths of their capacities and shall be closed prior to removal or replacement.

3. Equipment

Equipment used shall not require special handling unless such equipment becomes visibly contaminated with blood or body fluids. Visibly contaminated equipment shall be cleansed initially with soap and water followed by disinfection with approved disinfectant in a manner appropriate to the item. If cleansing does not adequately remove blood or body fluids or if decontamination is not feasible, the item shall be discarded and replaced.

4. General Work Practices

Any and all procedures involving blood or body fluids shall be performed in a manner that eliminates or minimizes splashing, spraying, splattering, or generation of droplets of these substances.

Eating, drinking, smoking, applying cosmetics or lip balm, and handling of contact lenses shall be prohibited in work areas where there is reasonable likelihood of occupational exposure.

D. Personal Protective Equipment (PPE)

1. General Rules

Whenever there is risk of occupational exposure, appropriate types and sizes of PPE shall be provided to all employees at no cost to the employees. PPE shall include but is not limited to disposable gloves, face shields, masks and eye protection. The West Warwick Public Schools shall provide, repair, maintain, or dispose of PPE’s at no cost to the employee.

PPE shall be used whenever there is risk of splash, splatter, or aerosolization of potentially infectious substances.

In general, PPE shall:

• Not permit blood or body fluids to pass through to the employee’s skin or mucous membranes.

• Be removed when penetrated by blood or body fluids prior to leaving the work area if visibly contaminated with blood or body fluids. Items shall be disposed of appropriately.

2. Gloves

Supplies of gloves (vinyl or latex free) shall be readily accessible in all work areas where the risk of exposure exists. Gloves shall be worn whenever the employee can reasonably anticipate contact with blood or bodily fluids, mucous membranes, non-intact skin, and when handling or touching visibly contaminated items or surfaces. Each employee who has routine exposure to blood or bodily fluids shall carry a pair of gloves in his/her pocket to ensure that protection is immediately available. Disposal single-use gloves shall be replaced immediately if they become contaminated, torn, punctured, or whenever their ability to function as a barrier has been compromised.

Utility gloves shall be washed and decontaminated provided the integrity of the glove has not been compromised prior to reuse. Utility gloves shall be discarded if they begin to peel, become cracked, torn, punctured, or exhibit other signs of deterioration or compromise.

3. Masks, Eye Protection, Face Shields

Masks in combination with eye protection devices such as goggles, glasses with solid side shields, chin length face shields, etc. shall be worn whenever splashed, sprays, splatters, or droplets of potentially infectious materials may be generated and it can be reasonably anticipated that there may be contamination of eyes, nose, or mouth. If masks are used for protection from blood or other potentially infectious materials, they may be worn until they are moist; once wet, masks are no longer effective and shall be changed.

E. Housekeeping Practices

1. The workplace shall be maintained in a clean and sanitary condition. Environmental surfaces that have been in contact with blood or body fluids shall be cleaned and decontaminated with an approved disinfectant immediately or as soon as feasible after contamination. Work surfaces shall be routinely cleaned and immediately or as soon as feasible after any spill of blood or body fluid.

2. Reusable bins, pails, cans, and similar receptacles which are reasonably likely to become contaminated with blood or other body fluids shall be decontaminated immediately after clean up of OPIM.

IV. POST-EXPOSURE EVALUATION/FOLLOW-UP

An employee who suffers an exposure to blood or bodily fluids must report such exposure to

his/her supervisor who shall immediately refer the employee to an Occupational Health Facility for a post-exposure evaluation and follow-up. Upon the return of the employee, an accident report needs to be completed by the supervisor and employee.

V. COMMUNICATION OF HAZARDOUS INFORMATION TO EMPLOYEES

1. Labels and Signs

   1. Warning labels shall be affixed to containers of regulated waste containing blood or other potentially infectious material.

2. Training

   1. Employees in classifications that are listed in Category A of Appendix B, (Exposure Determination Worksheet) will be trained at no cost to the employee upon hire and annually thereafter:

   2. How to obtain a copy of the OSHA regulatory text and an explanation of its contents. Explanation of and how to obtain a copy of the West Warwick Public Schools Exposure Control Plan. Information regarding:

      1. Epidemiology and symptoms of bloodborne diseases;

      2. Ways in which bloodborne pathogens are transmitted;

      3. How to recognize tasks that might result in occupational exposure;

      4. Types, selection, proper use, handling, decontamination, and disposal of personal protective equipment;

      5. Hepatitis B vaccine, e.g., safety, benefits, efficacy, methods of administration, and availability;

      6. How to report an exposure incident and post exposure evaluation and follow-up.

      7. If exposure involves a needle stick, a separate log will be maintained. It should contain: name, date, status of Hepatitis vaccination, and event.

   3. Specific training individualized to the department and the tasks, responsibilities, and potential for the employee’s risk of occupational exposure.

3. Training of all other employees

   1. All other employees will receive upon hire a copy of the Bloodborne Pathogens Control Plan Policy and will be trained at no cost to the employee upon hire and annually thereafter:

   2. How to obtain a copy of the OSHA regulatory text and an explanation of its contents.Explanation of and how to obtain a copy of the West Warwick Public Schools Exposure Control Plan. Information regarding:

      1. Epidemiology and symptoms of bloodborne diseases;

      2. Ways in which bloodborne pathogens are transmitted;

      3. How to recognize tasks that might result in occupational exposure;

      4. Types, selection, proper use, handling, decontamination, and disposal of personal protective equipment;

      5. Hepatitis B vaccine, e.g., safety, benefits, efficacy, methods of administration, and availability;

      6. How to report an exposure incident and post exposure evaluation and follow-up.

      7. If exposure involves a needle stick, a separate log will be maintained. It should contain: name, date, status of Hepatitis vaccination, and event.

VI. RECORDKEEPING

1. The employer shall maintain the records required for at least the duration of employment plus 30 years.

   1. Medical Records

The employer must establish and maintain an accurate record for each employee with occupational exposure in accordance with 29CFR 1910.20.

2. Confidentiality

   1. The employer will ensure that employee medical records are kept confidential.

3. Training Records

The training records shall include the following information:

1. dates of training sessions

2. contents of training material

3. name and qualifications of trainer

4. name and job titles of all persons attending the training

5. training records shall be maintained for 3 (three) years from the date on which the training occurred.

VI. COMPLIANCE, REVIEW and UPDATE

1. Principals, Administrators, Directors, Nurses and employees shall comply with this plan.

2. This plan shall be reviewed/revised annually and whenever new or modified tasks and procedures which may involve potential occupational exposure by the affected department are implemented.

References:

OSHA Bloodborne Pathogen Standard 29 CFR 1910.1030

Adoption Date:

1/2001

Revision Date:

06/10/2020