Machine-extracted text of a publicly
posted document, provided for reference and search. The original document at
the link above is authoritative.
CABE-SUGGESTED POLICY REPLACEMENT
Series 4000
4118.14P
PERSONNEL
NONDISCRIMINATION ON THE BASIS OF DISABILITIES
EMPLOYEES AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE
AMERICANS WITH DISABILITIES ACT OF 1990 - POLICY
The Board of Education 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 activities 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; (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. The Supreme Court of the
United States has recognized that individuals with a communicable disease may be considered
disabled.
The Board of Education 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
individual with a qualified 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 reasonable suggestions of accommodation
that would enable performance of those functions so long as the accommodation will not
NONDISCRIMINATION ON THE BASIS OF DISABILITIES Page 1 of 4
impose an undue hardship on the operation of the school system. The term “disability” shall be
broadly construed. The determination of whether an individual has a disability should not
demand extensive analysis.
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.
Persons, including employees of the district, that feel they may have been discriminated against
on the basis of a disability should contact the Director of Pupil Personnel Services.
Employees seeking accommodations for a disability in order to perform essential job functions
are encouraged to contact their supervisors or administrators and/or the Director of Pupil
Personnel Services. Employees who are interested in requesting or discussing reasonable
accommodations for a disability should contact:
Director of Pupil Services and Special Education
215 Halls Hill Road, Colchester, CT 06415, 860-537-3103
Optional language for Fragrance and Chemical Sensitivities: It is also the District’s goal to be
sensitive to employees with perfume and chemical sensitivities. Employees who are sensitive to
perfumes and chemicals may suffer potentially serious health consequences. In order to
accommodate employees who are medically sensitive to the chemicals in scented products, the
District requests that individuals refrain from wearing chemical-based scented products. These
products include perfume, cologne, aftershave, body spray, scented lotion, fragranced hair
spray or similar products. In addition, the District requests that spray or solid air fresheners,
room deodorizers, plug-in wall air fresheners, cleaning compounds or similar products not be
used.
(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).
American Disability Act of 1989, 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.
NONDISCRIMINATION ON THE BASIS OF DISABILITIES Page 2 of 4
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)
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against
individuals with a disability in any program receiving Federal financial assistance. Similarly, Title
II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination
against individuals with a disability by state and local governments. To be protected under
Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a
physical or mental impairment that substantially limits one or more major life activities; (2)
have a record of such an impairment; or (3) be regarded as having such an impairment.
In order to fulfill its obligation under Section 504/ADA, the Colchester Public Schools recognize
a responsibility to avoid discrimination in policies and practices regarding its personnel,
students, parents/guardians and members of the public who participate in school sponsored
programs. In this regard, the Colchester Public Schools prohibit discrimination against any
person with a disability in any of the services, programs or activities of the school system.
Employees who are interested in requesting or discussing reasonable accommodations for a
disability should contact:
Director of Pupil Services and Special Education
215 Halls Hill Road, Colchester, CT 06415, 860-537-3103
Any employee may file an internal grievance/complaint regarding discrimination on the basis of
disability by or within the district by utilizing the grievance/complaint procedures outlined in
the Board’s Administrative Regulations Regarding Employees and Section 504 of Rehabilitation
Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the
Office for Civil Rights, U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109- 3921
(617) 289-0111
NONDISCRIMINATION ON THE BASIS OF DISABILITIES Page 3 of 4
Employees may also file a complaint regarding employment discrimination on the basis of
disability with the Equal Employment Opportunity Commission, Boston Area Office, John F.
Kennedy Federal Building, 475 Government Center, Boston, MA 02203 (TELEPHONE NUMBER
800-669-4000).
Employees may also file a complaint with the Connecticut Commission on Human Rights and
Opportunities, 25 Sigourney Street, Hartford, CT 06106 (TELEPHONE NUMBER 800-477-5737).
Anyone who wishes to file a grievance/complaint with the district, or who has questions or
concerns about this policy, should contact the Section 504/ADA Coordinator for the Colchester
Public Schools, at phone number 860-537-3103.
Legal References:
29 U.S.C. §§ 705, 794
34 C.F.R. Part 104
42 U.S.C. § 12101 et seq.
28 C.F.R. Part 35
Policy Adopted: April 8, 2008
Policy Revised: May 14, 2013
Policy Revised: June 9, 2015
Policy Revised: October 13, 2016 (Replaces #4218.14)
Policy Revised: May 11, 2021 (Reinstates policy #4118.14)
NONDISCRIMINATION ON THE BASIS OF DISABILITIES Page 4 of 4