4118.4 - 4218.4 - Nondiscrimination on the Basis of Disabilities

Personnel - Certified and Non Certified

4118.14/4218.14 - Nondiscrimination on the Basis of Disabilities

The Board of Education (Board) prohibits discrimination against any individual with a disability with regard to recruitment, advertisement and job application procedures; hiring, upgrading, promotion, awarding of tenure, demotion, transfer, layoff, termination, right of return from layoff, employee compensation, job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists, leaves of absence, sick leave or other leaves, fringe benefits or job training.

Federal law defines a person with a disability as one who (1) has a mental or physical impairment which substantially limits one or more major life activity such as, but not limited to, caring for one's self; performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, sitting, reaching, lifting, bending, reading, writing, concentrating, thinking, communicating, interacting with others, speaking, breathing, learning or working, or major bodily functions; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. The Board will afford qualified disabled individuals reasonable accommodations. Individuals with a communicable disease may be considered disabled. The term "disability" shall be broadly construed. The determination of whether an individual has a disability should not demand extensive analysis.

The Board recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents and members of the public who participate in school-sponsored programs. No discrimination against any person with a disability will be knowingly permitted in any of the programs and practices in the school system.

With regard to its employees, the Board specifically prohibits discrimination against any qualified individual with a disability with regard to recruitment, hiring, promotion or advancement, compensation, evaluation, training, or any other aspect of employment within the school system. The Board will afford qualified disabled individuals reasonable accommodations in accordance with state and federal law.

Disabled employees who can no longer perform essential job functions are encouraged to advise their supervisors or administrators of the nature of their disability and which functions cannot be performed. The Board will consider any suggestions of reasonable accommodation that would enable performance of those functions so long as the accommodation will not impose an undue hardship on the operation of the school system. A person is not qualified to perform his/her duties if his/her medical condition or disability poses a threat to health or safety of individuals in the workplace.

A person is not qualified to perform his/her duties if his/her medical condition or disability poses a direct threat to the health or safety of individuals in the workplace. A direct threat is defined as a significant risk of substantial harm to the health or safety of the employee or others which cannot be eliminated or reduced by a reasonable accommodation.

Persons, including employees of the District, that feel they may have been discriminated against on the basis of a disability should contact the District’s Director of Special Services who serves as the District’s 504 Coordinator, ADA Coordinator and disabilities related Civil Rights Compliance Officer.

Complaints alleging disability based discrimination may be registered in accordance with the Discrimination Grievance Procedures set forth in the regulations accompanying Board Policy 4118.11/4218 (Discrimination Grievance Procedures). The District’s 504Coordinator, ADA Coordinator/Civil Rights Compliance Officer or his/her designee will investigate promptly and thoroughly all complaints and effectuate any changes necessary to eliminate any discriminatory practices and shall inform the complainant of the resolution of the complaint in accordance with the notification procedures set forth in the Discrimination Grievance Procedures.

If a complainant is not satisfied with the decision of the Coordinator/Compliance Officer, an appeal may be taken in accordance with the Discrimination Grievance Procedure set forth in the regulations accompanying Board policy #4118.11/4218.

Retaliation is prohibited against any individual who makes a good faith report of a suspected disability discrimination violation or participates in a related investigation.

The District’s 504 Coordinator, ADA or Civil Rights Compliance Officer may consult with the District’s Human Resource Director regarding disability discrimination complaints lodged by or against a District employee.

The title, name, address, telephone number, and other contact information for the District’s 504 Coordinator, ADA Coordinator and/ or Civil Rights Compliance Officer will be published in accordance the regulations accompanying Board Policy # 4118.11/4218.11.

(cf. 0521 - Nondiscrimination)

(cf. 4112.4/4212.4 - Health Examinations)

Legal Reference:

Connecticut General Statutes

10-209 Records not to be public.

19-581 AIDS testing and medical information.

46a-60 Discriminatory employment practices prohibited

Federal Law

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).

Americans With Disabilities Act of 1990, 42 U.S.C. 12101 et. seq., as amended by the ADA Amendments Act of 2008

29 CFR, Part 1630, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as amended, published in the Federal Register, Vo. 76, No. 58, 3/25/11

Chalk v. The United States District Court of Central California.

Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to Implement ADA Amendments Act of 2008. Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Policy Adopted: August 1979

Revised: December 1986, November 1992, January 1993, October 2018

Personnel - Certified and Non Certified

R4118.14/4218.14 - Nondiscrimination on the Basis of Disabilities

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, as amended, the Board of Education (Board) does not discriminate against qualified individuals with disabilities in the District's services, programs or activities.

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the Board does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act.

Definitions

Person with a Disability: An individual who (1) has a mental or physical impairment which substantially limits one or more major life activities (2) has a record of such an impairment; or (3) is regarded as having such an impairment. An impairment that is episodic or in remission is considered a disability if it would substantially limit a major life activity when active.

Mental or Physical Impairments: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine. They also cover any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or physical illness, and specific learning disabilities. This includes, but is not limited to, contagious and non-contagious diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia, and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection, tuberculosis, drug addiction and alcoholism. Certain impairments, excluded by law, are not covered by this policy.

Major Life Activities: Major life activities include, but are not limited to, (1) caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, writing, concentrating, thinking, communication, interacting with others, and working; (whether an activity is a "major life activity" is not determined by reference to whether it is of "central importance to daily life.") and (ii) the operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

Substantially Limits: This term shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the ADA (ADAAA). It is not meant to be a demanding standard. Consistent with the Amendments to the ADA (ADAAA), "rules of construction" are to be used when determining if an individual is disabled.

Has a Record of Such an Impairment: In general, this term means an individual has a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. This shall be construed broadly and not demand extensive analysis. An individual with a record of a substantially limiting impairment may be entitled, absent undue hardship to the district, to a reasonable accommodation if needed and related to the past disability.

Determination of Disability Requiring Accommodation

"Rules of construction" are to be used when determining if an individual is substantially limited in performing a major life activity. These rules include the following:

1. If the impairment substantially limits the ability of an individual to perform a major life activity, as compared to most people in the general population. It need not prevent or severely or significantly limit a major life activity. Not every impairment will constitute a disability, it will normally qualify as a disability.

2. The term "substantially limits" should be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA. "Substantially limits" is not meant to be a demanding standard.

3. The determination of whether an impairment substantially limits a major life activity requires an individual assessment, but should not demand/require extensive analysis.

4. Although determination of whether an impairment substantially limits a major life activity as compared to most people will not usually require scientific, medical or statistical evidence, such evidence may be used if appropriate.

5. An individual need only be substantially limited or have a record of a substantial limitation, in one major life activity to be covered under the first or second prong of the definition of "disability."

6. An impairment that is episodic or in remission meets the definition of "disability" if it would substantially limit a major life activity when active. (Impairments that may be episodic include epilepsy, hypertension, asthma, diabetes, major depression disorder, bipolar disorder, and schizophrenia. Cancer that is in remission but that may possibly return in a substantially limiting form is also considered a disability.)

7. Mitigating measures, including but not limited to, medications, medical equipment and devices, prosthetic limbs, low vision devices, hearing aids, mobility devices, oxygen therapy equipment, use of assistive technology, reasonable accommodations, learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, and physical therapy, shall not be used in the determination of whether an impairment substantially limits a major life activity. (Eyeglasses and contact lenses shall, however, be considered.) The determination of disability must focus on whether the individual would be substantially limited in performing a major life activity without the mitigating standard.

8. An impairment that substantially limits one major life activity need not substantially limit other major life activities to be considered a substantially limiting impairment.

Medical Examinations

The District/Board may make pre-employment inquiries into the ability of an applicant to perform job related functions. Medical examinations may be required after an offer of employment has been extended to an applicant and before commencement of employment duties. Any information obtained from such medical examinations will be collected and maintained on separate forms and in separate medical files and will treated with confidentially.

An employee who is not qualified to perform their duties or whose medical condition or disability poses a direct threat to the health or safety of individuals in the workplace, once properly established by medical evidence and after proper due process procedures, may be terminated or reassigned to a vacant position for which they are qualified.

The District may lawfully refuse to assign a person having a communicable disease, which is transmittable through the handling of food, to such duty or position as specified in the Federal Register Food and Drug Administration Regulations of May, 1991.

Privacy

The confidentiality of medical records of applicants or employees shall be strictly observed in accordance with the state and federal laws. Medical records shall be maintained separately from an applicant or employee personnel file. Such information may be released in limited circumstances:

A. Upon a signed release by the individual;

B. To inform supervisors or administrators about any restriction or accommodation to accomplish work or duties of the employee;

C. Emergency medical treatment;

D. In compliance with state or federal law.

Connecticut General Statutes Section 19a-581 through 585, "Aids Testing and Medical Information," provides that no person shall request HIV-related testing or disclose HIV-related information without written or oral informed consent of such individual.

Grievance Procedure

Individuals, including District students, employees, parents and third parties, believing disability discrimination has occurred in the Windsor Locks Public Schools may register a complaint with the either the District’s 504 Coordinator, ADA Coordinator, or Civil Rights Compliance Officer for complaints related to disabilities in accordance with the Discrimination Grievance Procedures (Discrimination Grievance Procedures) set forth in the regulations accompanying Board Policy 4118.11/4218 Nondiscrimination. The appropriate Coordinator or Compliance Officer or his/her designee will investigate promptly all complaints and effectuate any changes necessary to eliminate any discriminatory practices and shall inform the complainant of the resolution of the complaint in accordance with the notification procedures set forth in the Discrimination Grievance Procedures.

If a complainant is not satisfied with the decision of the Coordinator/Compliance Officer, an appeal may be taken in accordance with the Discrimination Grievance Procedure set forth in the regulations accompanying Board policy #4118.11/4218.

Retaliation is prohibited against any individual who makes a good faith report of suspected disability discrimination or participates in a related investigation.

The District’s 504 Coordinator and/or ADA Coordinator/Civil Rights Compliance Officer may consult with the District’s Human Resource Director regarding disability based complaints involving employees.

(cf. 0521 - Nondiscrimination)

(cf. 4112.4/4212.4 Health Examinations)

Legal Reference:

Connecticut General Statutes

19a-581 through 585 AIDS testing and medical information.

10-209 Records not to be public.

46a-60 Discriminatory employment practices prohibited.

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706 (7)(b).

Americans With Disabilities Act of 1991, as amended by the ADA Amendments Act of 2008.

29 CFR, Part 1630, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as amended, published in the Federal Register, Vo. 76, No. 58, 3/25/11.

Chalk v. The United States District Court of Central California, 840F.2d701 (9th Cir. 1988).

Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to Implement ADA Amendments Act of 2008. Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Regulation Approved: October 2018