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Introduction
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References
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0-02: School policies consistent with laws
0-03: Protection of student and staff confidentiality
6-01: Accessible school facilities and programs
7-06: Adjustments to psychological trauma and loss
  > View All Chapter Guidelines  
US Department of Justice, Americans with Disabilities Act
Information and technical assistance on compliance with the Americans with Disabilities Act.
US Department of Labor, Family and Medical Leave Act
Information about employee eligibility, employee/employer notification responsibilities, and employee rights and benefits.
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8-07 - Accommodating staff with disabilities
 

Accommodate staff with disabilities and other health and safety concerns, as required by federal and state laws.

   
Rationale
 

The provision of access to employment for all eligible applicants and all current employees promotes a fair and inclusive environment. For most schools, this is also necessary to comply with federal laws and many state laws.

   
Commentary
 

As outlined in the Americans with Disabilities Act (ADA) (5), prohibit discrimination in regard to job application procedures, hiring, advancement, employee discharge, employee compensation, and job training. ADA also protects individuals who have a relationship or association with a person who has a disability. School districts are not required to hire an individual if that individual, with or without an accommodation, is incapable of doing the essential functions of the job. Establish written essential functions for each potential employment position in the school district. Determine what, if any, accommodation can be made to allow a disabled individual to perform those functions.

ADA requires public school districts with 50 or more employees to name an ADA coordinator to deal with questions and complaints about ADA compliance and accommodations and to establish a grievance procedure for the resolution of disputes under ADA. It is recommended that all schools, including private schools and others that are exempt under ADA, establish the same procedures.

A federal law known as the Family and Medical Leave Act (FMLA) provides a total of 12 weeks (not necessarily consecutive) in each 12-month period for any combination of the following reasons: (1) the birth, adoption, or foster care of a child; (2) the employee's own serious health condition; and (3) to care for a parent, spouse, or dependent who has a serious health condition. Generally, for parental leave purposes, the FMLA leave would also have to be taken in consecutive weeks and is only available for 12 months after the birth or adoption of the child.

   
REFERENCES
 

Abraham JD, Strom DJ, Sloan M, McElroy L. A Guide to the Family & Medical Leave Act. Washington, DC: American Federation of Teachers, 1998.

Americans With Disabilities Act of 1990. Pub L No. 101-336 (1990). Available at: http://www.usdoj.gov/crt/ada/pubs/ada.txt. Accessed February 7, 2002.

Bettenhausen S. Avoid Potential Liability: The Americans with Disabilities Act and the Public Schools. ERIC, Resources in Education. ED461966; 2001.

 
          
 
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