TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.10 PURPOSE
Section 900.10 Purpose
a) This Americans With Disabilities Act (ADA) Grievance Procedure
(Procedure) is established pursuant to the Americans With Disabilities Act of
1990, 42 USC Section 12101 et seq., and specifically Section 35.107 of the
Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be
established to resolve grievances asserted by qualified individuals with
disabilities. Should any individual desire to review the ADA or its
regulations to understand the rights, privileges and remedies afforded by it,
please contact the Designated Coordinator.
b) In general, the ADA requires that each program, service and
activity offered by the Illinois Educational Labor Relations Board (Board),
when viewed in its entirety, be readily accessible to and usable by qualified
individuals with disabilities.
c) It is the intention of the Board to foster open communication
with all individuals requesting readily accessible programs, services and
activities. The Board encourages supervisors of programs, services and activities
to respond to requests for modifications before they become grievances.
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CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.20 DEFINITIONS
Section 900.20 Definitions
a) Complainant
A complainant is an individual with a disability who files a
Grievance Form provided by the Board under this procedure.
b) Designated Coordinator
The Designated Coordinator is the persons appointed by the
Chairman of the Board who is/are responsible for the coordination of efforts of
the Board to comply with and carry out its responsibilities under Title II of
the ADA including investigation of grievances filed by complainants. The
Designated Coordinator may be contacted at 160 North LaSalle Street, Suite
N-400, Chicago, Illinois 60601. See 28 CFR 35.107.
c) Grievance
A grievance is any complaint under the ADA by an individual
with a disability who:
1) meets the essential eligibility requirements for participation
in or receipt of the benefits of a program, activity or service offered by the
Board, and
2)
believes he or she has been excluded from participation in, or denied
the benefits of, any program, service or activity of the Board or has been
subject to discrimination by the Board.
(Source: Amended at 28 Ill.
Reg. 7927, effective May 28, 2004)
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.30 PROCEDURE
Section 900.30 Procedure
a) Grievances must be submitted through the channels defined
below in the form and manner as described within the specified time limits. It
is mutually desirable and beneficial that grievances be satisfactorily resolved
in a prompt manner. Time limits established in this procedure are in calendar
days, unless otherwise stated, and may be extended by mutual agreement in
writing by the complainant and the reviewer, at the Designated Coordinator and
Final Levels.
b) A complainant's failure to submit a grievance, or to submit or
appeal it to the next level of procedure within the specified time limits,
shall mean that the complainant has withdrawn the grievance or has accepted the
last response given in the grievance procedure as the Board's last response.
c) The Board shall, upon being informed of that individual's
desire to file a formal grievance, instruct the individual how to receive a
copy of this Procedure and the Grievance Form.
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CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.40 DESIGNATED COORDINATOR LEVEL
Section 900.40 Designated
Coordinator Level
a) If an individual desires to file a formal written grievance,
the individual shall promptly, but no later than 180 days after the alleged
discrimination, submit the grievance to the Designated Coordinator in writing
on the Grievance Form prescribed for that purpose. The Grievance Form must be
completed in full in order to receive proper consideration by the Designated
Coordinator.
b) Upon request, assistance shall be provided by the Board to
complete the Grievance Form.
c) The Designated Coordinator, or his/her representative, shall
investigate the grievance and shall make reasonable efforts to resolve it. The
Designated Coordinator shall provide a written response to the complainant and
Chairman within ten (10) business days after receipt of the Grievance Form.
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CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.50 FINAL LEVEL
Section 900.50 Final Level
a) If the grievance has not been resolved at the Designated
Coordinator Level to the satisfaction of the complainant, the complainant may
submit a copy of the Grievance Form and Designated Coordinator's response to
the Chairman of the Board for final review. The complainant shall submit these
documents to the Chairman, together with a short written statement explaining
the reasons for dissatisfaction with the Designated Coordinator's written
response, within five business days after receipt by the complainant of the
Designated Coordinator's response.
b) The Chairman shall appoint a three-member panel to review the
grievance at the Final Level. One member so appointed shall be designated
chairman.
c) The complainant shall be afforded an opportunity to appear
before the panel. Complainant shall have a right to appoint a representative
to appear on his/her behalf. The panel shall review the Designated
Coordinator's written response and may conduct interviews and seek advice as it
deems appropriate.
d) Upon reaching a concurrence, the panel shall make
recommendations in writing to the Chairman as to the proper resolution of the
grievance. All recommendations shall include reasons for such recommendations
and shall bear the signatures of the concurring panel members. A dissenting
member of the panel may make a recommendation to the Chairman in writing and
shall also sign such recommendation.
e) Upon receipt of recommendations from a panel, the Chairman
shall approve, disapprove or modify the panel's recommendations, shall render a
decision thereon in writing, shall state the basis therefor, and shall cause a
copy of the decision to be served on the parties. The Chairman's decision shall
be final. If the Chairman disapproves or modifies the panel's recommendations,
the Chairman shall include written reasons for such disapproval or
modification.
f)
The Grievance Form, the Designated Coordinator's response, the statement
of the reasons for dissatisfaction, the recommendations of the panel, and the
decision of the Chairman shall be maintained in accordance with the State
Records Act [5 ILCS 160], or as otherwise required by law.
(Source: Amended at 28 Ill.
Reg. 7927, effective May 28, 2004)
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CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.60 ACCESSIBILITY
Section 900.60 Accessibility
The Board shall ensure that all
stages of the Procedure are readily accessible to and usable by individuals
with disabilities.
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CHAPTER XXXIII: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 900
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 900.70 CASE-BY-CASE RESOLUTION
Section 900.70 Case-by-Case
Resolution
Each grievance involves a unique
set of factors that includes but is not limited to: the specific nature of the
disability; the essential eligibility requirements, the benefits to be derived,
and the nature of the service, program or activity at issue; the health and
safety of others; and whether an accommodation would constitute a fundamental
alteration to the program, service or activity or undue hardship on the Board.
Accordingly, termination of a grievance at any Level, whether through the
granting of relief or otherwise, shall not constitute a precedent on which any
other complainants should rely.
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