| Springboro Community Schools |
| Bylaws & Policies |
4122.04 - EMPLOYEE DISABILITY
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A. |
Disability Policy |
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If an employee is disabled and requests an accommodation for that disability, the Board of Education will determine whether the employee could perform the essential functions of the job with some reasonable accommodation. If so, the Board will make an appropriate accommodation. If the Board cannot accommodate a disabled employee in his/her current position, the Board may place the employee in an equivalent or a lower available vacancy for which the employee is qualified; absent such, the Board may place the employee on disability leave or separation under the procedures for those benefits. |
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B. |
Travel Policy |
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When considering any employee request for job-related travel, the Employer will consider the special needs of employees with a permanent disability that substantially affect the employee's ability to drive, see, hear, etc. The Employer will not deny job-related travel to a qualified employee with a disability merely because of the disability. |
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C. |
Procedure |
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If an employee claims a disability and requests an accommodation, the Board should: (1) review the job description and essential function statement with the employee; and (2) ask the employee whether the employee can still perform the essential functions of the job with some accommodation. If the employee answers in the affirmative, the Board should ask the employee what accommodation s/he wants and whether any other accommodation would also allow the employee to perform the essential job functions. The Board may also consider accommodations that are not suggested by the employee. The accommodation the Board selects need only allow the employee to function, it need not be the best. Any accommodation made must remain confidential, and will be treated as such under the Board's other policies and procedures on confidential information. |
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If the employee says s/he cannot do the job with an accommodation, the Board may agree with the employee or may suggest an alternative course of action. The Board may determine that some accommodation will allow the employee to do the job to the Board's satisfaction, and the Board may evaluate the employee using current performance standards. As a last resort, the Board should consider reassignment to an equivalent or lower existing vacancy where no other accommodation is possible and the employee is able to perform the job in a satisfactory manner without an accommodation. The Board may consult a medical advisor or other appropriate licensed practitioner for verification. |
When deciding whether an accommodation is reasonable, the Board may consider among other things:
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A. |
allowing use of leave entitlement for treatment; |
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B. |
allowing flexible hours; |
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C. |
providing transportation; |
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D. |
providing reserved parking spaces; |
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E. |
providing assistance from other employees; |
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F. |
allowing the employee to use his/her own equipment or aids; and |
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G. |
reassignment of job functions, though the Board need not assign essential functions. |
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The Board does not have to allow more break time or promote an employee as an accommodation.
Section 102 and 103 of the Americans with Disabilities Act of 1990
Title I; Equal Employment Opportunity Act of 1992
29 C.F.R. part 1630
34 C.F.R. parts 104 and 105
Adopted 11/30/93