4118.14/4218.14 Policy and Administrative Regulations Regarding Employees and Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990

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 Newtown Board of Education (the  “Board”) recognizes 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 of the Newtown Public Schools (the “District”). In this regard, the Board  prohibits discrimination against any person with a disability in any of the services, programs or  activities of the District. 

Employees who are interested in requesting or discussing reasonable accommodations for a disability should contact the Section 504/ADA Coordinator: 

Deborah Mailloux-Petersen 

Director of Pupil Services 

Newtown Public Schools 

3 Primrose Street 

Newtown, CT 06470 

Phone: (203) 426-7628 

e-mail: petersend@newtown.k12.ct.us  

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 

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, 15 New Sudbury Street, Room 475, Boston, MA 02203-0506 (telephone number: 800- 669-4000). 

Employees may also file a complaint with the Connecticut Commission on Human Rights and  Opportunities, 450 Columbus Blvd., Hartford, CT 06103-1835 (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 at the contact information  provided above. 

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 

Adopted: November 19, 2024 NEWTOWN PUBLIC SCHOOLS  Newtown, Connecticut

Series 4000 4118.14 R Personnel 4218.14 R 

ADMINISTRATIVE REGULATIONS REGARDING EMPLOYEES AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990 

Newtown Board of Education Section 504/ADA Grievance/Complaint Procedures Regarding Discrimination Against Employees 

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with  Disabilities Act of 1990 (“Title II” or “ADA”) (collectively, “Section 504/ADA”) prohibit  discrimination on the basis of disability. For the purposes of Section 504/ADA, the term  “disability” with respect to an individual means: (a) a physical or mental impairment that  substantially limits one or more major life activities of such individual; (b) a record of such an  impairment; or (c) being regarded as having such an impairment. 

I. Definitions 

Major life activities: include, but are not limited to, caring for oneself, performing manual tasks,  seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking,  breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and  working. A major life activity also includes the operation of a major bodily function, such as the  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 systems. The operation of a major  bodily function includes the operation of an individual organ within a body system. 

Mitigating measures: include, but are not limited to, (a) medication, medical supplies, equipment,  appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a  visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs  and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility  devices, oxygen therapy equipment and supplies; (b) use of assistive technology; (c) reasonable  modifications or auxiliary aids or services; (d) learned behavioral or adaptive neurological  modifications; or (e) psychotherapy, behavioral therapy, or physical therapy. 

Physical or mental impairment: (a) any physiological disorder or condition, cosmetic  disfigurement, or anatomical loss affecting one or more of the following body systems, such as:  neurological, musculoskeletal, special sense organs, respiratory (including speech organs),  cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin,  and endocrine;(b) any mental or psychological disorder, such as intellectual disability, organic brain  syndrome, emotional or mental illness, and specific learning disability; or (c) an impairment that is  episodic or in remission if it would substantially limit a major life activity when active. Physical or  mental impairment includes, but is not limited to, contagious and noncontagious diseases and  conditions such as the following: orthopedic, visual, speech, and hearing impairments, and 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 (whether symptomatic or  asymptomatic), tuberculosis, drug addiction, and alcoholism.

II. Procedures for Grievances/Complaints Alleging Discrimination on the Basis of Disability 

A. Any eligible person, including any student, parent/guardian, staff member or other  employee who feels that they have been discriminated against on the basis of disability  (including differential treatment, harassment and retaliation) may submit a written  complaint to the Section 504/ADA Coordinator for the Newtown Public Schools (the  “District”) (see contact information below) within thirty (30) school days of the  alleged occurrence. 

B. Timely reporting of complaints facilitates the prompt investigation and resolution of  such complaints. If a complaint is filed relating to alleged discrimination occurring  more than thirty (30) school days after the alleged occurrence, the ability of the  District to investigate the allegations may be limited by the passage of time. 

Therefore, complaints received after thirty (30) school days of the alleged occurrence  shall be investigated to the extent possible, given the passage of time and the impact  on available information, witnesses and memory. If a complaint is made verbally, the  individual taking the complaint will reduce the complaint to writing. Individuals  wishing to make a complaint about discrimination against students on the basis of  disability should be referred to the district’s Section 504/ADA policies and regulations  regarding students. 

C. Retaliation against any individual who complains pursuant to the Board’s policy and  regulations listed herein is strictly prohibited. The district will not tolerate any  retaliation that occurs as a result of the good faith reporting or complaint of disability based discrimination or as a result of an individual’s participation or cooperating in  the investigation of a complaint. The District will take necessary actions to prevent  retaliation as a result of filing a complaint or the participation in an investigation of a  complaint. 

D. If the Section 504/ADA Coordinator is the subject of the complaint, the complaint  should be submitted directly to the Superintendent who may conduct the investigation  or appoint a designee to conduct the investigation in accordance with these procedures. If the Superintendent is the subject of the complaint, the Board shall  designate an appropriate party to conduct the investigation in accordance with these  procedures. 

E. Complaints will be investigated promptly within timeframes identified below.  Timeframes may be extended as needed given the complexity of the investigation,  availability of individuals with relevant information and other extenuating 

circumstances. Confidentiality will be maintained by all persons involved in the  investigation to the extent possible. 

F. The complaint should contain the following information: 

1. The name of the complainant; 

2. The date of the complaint; 

3. The date(s) of the alleged discrimination; 

4. The names of any witnesses or individuals relevant to the complaint; 

5. A detailed statement describing the circumstances in which the alleged  discrimination occurred; and 

6. The remedy requested.

However, all complaints will be investigated to the extent possible, even if such  information is not included in the complaint. In such circumstances, additional  information may be requested by the investigator as part of the investigation process. 

G. Upon receipt of the complaint, the individual investigating the complaint shall:

1. Provide a copy of the written complaint to the Superintendent of Schools; 

2. Meet separately with the complainant and the respondent within ten (10) school  days to discuss the nature of the complaint, identify individuals the complainant and respondent believe have relevant information, and obtain any  relevant documents the complainant may have; 

3. Provide the complainant and respondent with a copy of the applicable Board  Section 504/ADA Policy and these administrative regulations; 

4. Consider whether and which interim measures might be appropriate for an  alleged victim and the respondent pending the outcome of the District’s  investigation; 

5. Conduct an investigation of the factual basis of the complaint that is adequate,  reliable, and impartial, including conducting interviews with individuals with  information and review of documents relevant to the complaint; 

6. Maintain confidentiality to the extent practicable throughout the investigative  process in accordance with state and federal law; 

7. Communicate the outcome of the investigation in writing to the complainant,  and to the respondent (to the extent permitted by state and federal  confidentiality requirements), within fifteen (15) school days from the date the  complaint was received by the Section 504/ADA Coordinator or  Superintendent. The written notice shall include a finding as to whether the  complaint was substantiated and if so, shall identify how the District will  remedy any identified violations of Section 504/ADA. The investigator may  extend this deadline for no more than fifteen (15) additional school days if  needed to complete the investigation. The complainant and the respondent  shall be notified of any such extension; 

8. If a complaint is made during summer recess, the complaint will be reviewed  and addressed as quickly as possible given the availability of staff and/or other  individuals who may have information relevant to the complaint, and no later  than fifteen (15) school days after the start of the following school year. The  complainant and the respondent will receive notice if the investigation has been  impeded by the summer recess, and interim measures may be implemented as  necessary (see sub-paragraph 4);

9. Ensure that appropriate corrective action is taken whenever allegations are  verified. When allegations are verified, ensure that measures to remedy the  effects of the discrimination and prevent its recurrence are appropriately 

considered, and offered, when appropriate. Corrective action should include  steps to avoid continuing discrimination; 

10. In the event the investigator concludes that there is no violation of Section  504/ADA, the District may attempt to resolve the complainant’s ongoing  concerns, if possible. 

H. After receiving the written notice of the outcome, parties shall have ten (10) school  days to submit a formal written statement of appeal, if they so choose, to the  Superintendent of Schools challenging the outcome of the investigation and explaining  the basis for appeal. 

Upon receipt of an appeal, the Superintendent shall appoint a decisionmaker(s) for the  appeal, who may be the Superintendent or designee. The decisionmaker(s) for the  appeal will provide the appealing party’s written statement to the non-appealing party.  The non-appealing party will then have ten (10) school days to submit to the decision maker(s) for the appeal a written statement in support of, or challenging, the outcome  of the investigation. 

The decisionmaker(s) for the appeal shall review the evidence and the information  presented by the parties and determine if further action and/or investigation is  warranted. Such action may include consultation with the investigator(s) and the  parties, a meeting with appropriate individuals to attempt to resolve the complaint, or  a decision affirming or overruling the written outcome. Generally, a party’s  disagreement with the outcome of the investigation, alone, will not be basis for further  action. The decisionmaker(s) for the appeal will attempt to issue written notice of the  outcome of the appeal to the parties within thirty (30) school days of receipt of all  written statements from the parties. 

Newtown Public Schools 

3 Primrose Street 

Newtown, CT 06470 

Phone: (203) 426-7628 

e-mail: petersend@newtown.k12.ct.us

IV. Complaints to Federal or State Agencies 

At any time, the complainant has the right to file a formal complaint with the U.S. Department of  Education, Office for Civil Rights, 8th Floor, 5 Post Office Square, Suite 900, Boston, MA 02109- 0111 (telephone number: (617) 289-0111); 

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html. 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, 15 New Sudbury Street, Room 475, Boston, MA 02203-0506 (TELEPHONE NUMBER  800-669-4000), or the Connecticut Commission on Human Rights and Opportunities, 450 Columbus  Blvd., Hartford, CT 06103-1835 (telephone number: 800-477-5737). 

Administrative Regulation Adopted: November 19, 2024

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