Policy 3.06

Policy Concerning Persons with a Disability and Procedures for Accommodation

It is the policy of the School District of Palm Beach County, in accordance with the Americans with Disabilities Act of 1990 (ADA), that it shall not discriminate against a qualified individual with a disability, because of the disability of such individual, in regard to job application procedures, hiring, advancement, discharge, compensation, job training, or other terms, conditions, or privileges of employment. The School District shall provide reasonable accommodation to a qualified individual when necessary to enable the individual to perform the essential functions of the position, unless such would pose an undue hardship on the operation of the District's business.

DEFINITIONS:

1. Qualified individual with a disability: An individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

2. Disability: A physical or mental impairment that substantially limits one of more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

3. Physical or mental impairment: Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine, or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

1. Existing impairments are to be determined without regard to mitigating measures such as medicines or prosthetics (e.g., epileptic using seizure control medicines, or deaf using hearing aid).

2. Physical characteristics (i.e., height, weight, muscle tone or other characteristics) that are within a normal range and are not the result of a physiological disorder are not impairments. Personality traits such as poor judgment or a quick temper are not impairments, if not symptomatic of a mental or psychological disorder. Pregnancy is not an impairment under this policy.

4. Substantially limits: Causes inability to perform a major life activity that the average person in the general population can perform; or significantly restricts the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. Factors to be considered include:

1. The nature and severity of the impairment;

2. The duration or expected duration of the impairment; and

3. The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.

5. Major life activities: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, reaching or reading.

6. Essential functions: The fundamental job duties of the employment position the individual with a disability holds or desires. A function may be essential if:

1. The reason the position exists is to perform that function;

2. There is a limited number of employees available among whom the performance of that job function can be distributed; and/or

3. The function is highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function;

4. Supervisor's assessment of what elements are crucial to the adequate discharge of the job;

5. Pre-employment written job descriptions;

6. The amount of time on the job spent performing the function;

7. The consequences to the department of not having the employee perform the function;

8. The terms of a collective bargaining agreement;

9. The work experience of past holders of the position;

10. The work experience of incumbent employees in a similar position.

7. Direct threat: A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.

8. Reasonable accommodation: Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of the position; or modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities. Reasonable accommodation may include:

1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;

2. Job restructuring;

3. Part-time or modified work schedules;

4. Reassignment to a vacant position;

5. Acquisition or modification of equipment or devices;

6. Appropriate adjustment or modifications or examinations, training materials or policies;

7. The provision of qualified readers or interpreters;

8. Any other similar accommodations for individuals with disabilities.

9. Undue hardship: An action resulting in significant difficulty or expense in light of the following factors:

1. Nature and cost of the accommodation;

2. Overall financial resources of the School/Department involved;

3. Number of persons employed within a School/Department;

4. Effect on expenses;

5. Effect on resources;

6. Impact on the operation of the facility (beyond resource and expense);

7. Overall financial resources of the School District;

8. Number of employees potentially benefiting from an accommodation and the availability of sufficient funding to defray an accommodation's cost.

PROCEDURE

E.E.O. Coordinator

Risk Management

3370 Forest Hill Boulevard, Ste. A-103

West Palm Beach, Florida 33406-5870

561-434-8203

Questions regarding this policy should be directed to the E.E.O. Coordinator in Risk Management at 434-8203.

Pages 3.031 - 3.034

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS

I, ____________________ hereby authorize all of my health care providers to release a full and complete file of my medical records to the School District of Palm Beach County, Florida.
 
_________________________        _________________________
 
Signature                                       Date

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS

I, ____________________ hereby authorize all of my health care providers to release a full and complete file of my medical records to the School District of Palm Beach County, Florida.
 
_________________________        _________________________
 
Signature                                       Date

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS

I, ____________________ hereby authorize all of my health care providers to release a full and complete file of my medical records to the School District of Palm Beach County, Florida.
 
_________________________        _________________________
 
Signature                                       Date

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS

I, ____________________ hereby authorize all of my health care providers to release a full and complete file of my medical records to the School District of Palm Beach County, Florida.
 
_________________________        _________________________
 
Signature                                       Date