DEPARTMENT OF HOMELAND SECURITY 

FEDERAL LAW ENFORCEMENT TRAINING CENTERS 

FLETC DIRECTIVE NO: 256-05 

DIRECTIVE TITLE: FLETC Reasonable Accommodation and Personal Assistance 

Services Program 

EFFECTIVE DATE: September 14, 2021 

I. POLICY: The Federal Law Enforcement Training Centers (FLETC) is committed to 

providing reasonable accommodations to ensure that qualified individuals with disabilities enjoy 

equal access to all employment and training opportunities, unless doing so would cause 

significant difficulty or expense (“undue hardship”). FLETC is also committed to providing 

personal assistance services in accordance with the Equal Employment Opportunity 

Commission’s (EEOC) Final Rule on Affirmative Action for Individuals with Disabilities in 

Federal Employment to its employees with a targeted disability. 

II. SCOPE: The provisions of this directive apply to all FLETC employees and detailed 

Participating Organization (PO) employees, applicants seeking employment with the FLETC, 

and students participating in FLETC training. This policy also applies to FLETC employees 

outside the workplace while conducting Government business. 

III. REFERENCES: 

A. The Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.; 

B. The Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq.; 

C. The Architectural Barriers Act of 1968, 42 U.S.C. § 4151, et seq.; 

D. The Homeland Security Act of 2002, 6 U.S.C. § 463; 

E. Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities 

Conducted by the Department of Homeland Security, 6 CFR Part 15 (2003); 

F. Executive Order 13164: Establishing Procedures to Facilitate the Provision of 

Reasonable Accommodation; 

G. Equal Employment Opportunity Commission Procedures for Providing Reasonable 

Accommodation for Individuals with Disabilities, February 9, 2001; 

H. Equal Employment Opportunity Commission Enforcement Guidance: Reasonable 

Accommodations and Undue Hardship under the Americans with Disabilities Act, No. 

915.002 (October 17, 2002); 

I. Equal Employment Opportunity Commission Management Directive 715; 

J. Equal Employment Opportunity Commission Final Rule, “Affirmative Action for 

Individuals with Disabilities in Federal Employment”, 29 CFR Part 1614.203 (2017); 

K. DHS Directive No. 259-01, Providing Reasonable Accommodations for Employees and 

Applicants; 

L. DHS Instruction 259-01-001, Instruction on Providing Reasonable Accommodations 

for Employees and Applicants with Disabilities; 
_____________________________ 

M. DHS Instruction 259-01-002, Procedures for Conducting a Department-wide Search for 

a Reassignment as a Reasonable Accommodation of Last Resort; 

N. DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS 

Conducted Programs and Activities (Non-Employment); 

O. DHS Directive 4010.2, Section 508 Program Management Office and Electronic and 

Information Technology Accessibility; 

IV. CANCELLATIONS: None. 

V. ADDITIONAL GUIDANCE: FLETC Manual 256-05, FLETC Reasonable 

Accommodation and Personal Assistance Services Program. 

VI. OFFICE OF PRIMARY INTEREST: Equal Employment Opportunity (EEO) Office. 

Signature on File 9/14/21 

Jennifer E. Tocco Date 

Chief of Staff 

Director’s Office 
FLETC MANUAL 256-05 

FLETC Reasonable Accommodation and 

Personal Assistance Services Program 

Supporting Publication to FLETC Directive 256-05 

FLETC Reasonable Accommodation and Personal Assistance Services Program 

September 2021 
SIGNATURE PAGE 

FLETC Manual 256-05, FLETC Reasonable Accommodation and Personal Assistance 

Services Program 

APPROVED BY: 

Signature on File 9/14/21 

___________________________________ DATE: _______________________________ 

Jennifer Tocco 

Chief of Staff 

Director’s Office 

Federal Law Enforcement Training Centers 

FLETC Manual 256-05 

September 2021 

Page 2 of 26 
FLETC MANUAL 256-05 

FLETC Reasonable Accommodation and Personal Assistance Services Program 

TABLE OF CONTENTS 

Page 

I. Introduction........................................................................................................................... 5 

II. Scope..................................................................................................................................... 5 

III. Forms... ................................................................................................................................. 6 

IV. Definitions............................................................................................................................. 6 

V. Responsibilities..................................................................................................................... 9 

A. Director ........................................................................................................................ 9 

B. Equal Employment Opportunity (EEO) Officer .......................................................... 9 

C. Disability Program Manager (DPM) .......................................................................... 9 

D. Reasonable Accommodation Coordinator (RAC) .................................................... 10 

E. Chief, Office of Chief Counsel (OCC) ...................................................................... 10 

F. Human Capital Officer, Human Capital Office (HCO)............................................. 10 

G. IT Operations and Support Division (OSD) ............................................................. 11 

H. Chief Financial Officer (CFO), Chief Finance Office ............................................... 11 

I. Deciding Official ....................................................................................................... 12 

J. Students’ Employing Agency Representatives ......................................................... 12 

VI. Procedures........................................................................................................................... 13 

A. FLETC Employees..................................................................................................... 13 

B. Applicants for FLETC Employment.......................................................................... 23 

C. Students...................................................................................................................... 23 

VII. Attachments ........................................................................................................................ 25 

A. FLETC Form 256-05-01, FLETC Confirmation of Employee Reasonable 

Accommodation Request Form (Attachment A) ....................................................... 25 

B. FLETC Form 256-05-02, FLETC Employee Job Analysis Questionnaire for 

Reasonable Accommodation (Attachment B) ........................................................... 25 

C. FLETC Form 256-05-03 FLETC Employee Reassignment as Reasonable 

Accommodation of Last Resort Job Search Form (Attachment C) ........................... 25 

FLETC Manual 256-05 

September 2021 

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D. FLETC Form 256-05-04, FLETC Authorization to Release Medical 

Records/Information (Attachment D) ....................................................................... 25 

E. FLETC Form 256-05-05, FLETC Record of Implementation of Agency-Approved 

Student Accommodation Request (Attachment E) ................................................... 25 

F. FLETC Form 256-05-06, FLETC Withdrawal of Reasonable Accommodation 

Request (Attachment F) ............................................................................................. 25 

G. FLETC Form FTC-SSD-51: Transportation, Lodging and Meals Accommodation or 

Waiver Form (Attachment G) ................................................................................... 25 

H. Department of Health and Human Services, Federal Occupational Health Service 

Authorization for Disclosure of Information Form (Attachment H) ........................ 26 

I. Reasonable Accommodation Resources (Attachment I) ........................................... 26 

J. Personal Assistance Services Frequently Asked Questions (Attachment J).............. 26 

K. Computer/Electronic Accommodations Program (Attachment K)............................ 26 

L. Contact List (Attachment L) ...................................................................................... 26 

FLETC Manual 256-05 

September 2021 

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I. INTRODUCTION: The purpose of this manual is to promulgate the Federal Law 

Enforcement Training Centers’ (FLETC) procedures regarding reasonable accommodation and 

personal assistance services (PAS) for its employees, applicants, and students. 

As a model employer, FLETC provides equal employment opportunities to all employees, 

applicants, and students, including qualified individuals with disabilities. A disability is a 

physical or mental impairment that substantially limits activities of daily living, including caring 

for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and 

learning. FLETC is committed to providing reasonable accommodation to qualified employees 

and applicants with disabilities in accordance with the Rehabilitation Act of 1973 during the 

hiring and application process, and to workforce members who may need an accommodation to 

perform their jobs or enjoy the benefits and privileges of employment. FLETC is also committed 

to providing PAS in accordance with the Equal Employment Opportunity Commission’s (EEOC) 

Final Rule on Affirmative Action for Individuals with Disabilities in Federal Employment to its 

employees with a targeted disability. PAS may include services such as assistance with 

performing activities of daily living that an individual would typically perform if they did not 

have a disability, e.g., assistance with removing and putting on clothing, eating, and using the 

restroom. Absent undue hardship, FLETC must implement reasonable accommodations and 

personal assistance services solutions for its students when approved by the student’s employing 

agency. FLETC’s Equal Employment Opportunity (EEO) Office highly encourages that all 

student requests for reasonable accommodation be submitted 30 days prior to arriving at FLETC. 

Any employee, applicant, or student who believes that they require a reasonable accommodation 

or any employee who believes that they require PAS may request an accommodation or PAS 

pursuant to these procedures. 

There are three categories of reasonable accommodations: 

• Modifications or adjustments to a job application process to permit an individual with a 

disability to be considered for a job (such as providing application forms in alternative 

formats like large print or Braille); 

• Modifications or adjustments to enable a qualified individual with a disability to perform the 

essential functions of the job (such as providing a sign language interpreter); and 

• Modifications or adjustments that enable employees with disabilities to enjoy equal benefits 

and privileges of employment (such as removing a barrier that prevents a student or FLETC 

employee from participating in a training event or program). 

Conditions that are minor and temporary such as a sprain are not disabilities under the 

Americans with Disabilities Act of 1990 (ADA), as amended, therefore resulting workplace 

modifications are not considered reasonable accommodations covered under this directive and 

manual. FLETC supervisors have the authority to approve a request for a workplace adjustment 

for temporary medical conditions in accordance with the FLETC Directive 66-12, Light Duty 

and Limited Duty Program. The FLETC EEO Office highly encourages supervisors to contact 

the Human Capital Office (HCO) prior to granting light duty accommodations. 

II. SCOPE: The provisions of this manual apply to all FLETC employees and Participating 

Organization (PO) employees detailed to FLETC, applicants seeking employment with FLETC, 

FLETC Manual 256-05 

September 2021 

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and students participating in FLETC training. This policy also applies to FLETC employees and 

PO employees detailed to FLETC while conducting Government business outside the workplace. 

III. FORMS: 

A. FLETC Form 256-05-01, FLETC Confirmation of Employee Reasonable 

Accommodation Request Form (Attachment A). 

B. FLETC Form 256-05-02, FLETC Employee Job Analysis Questionnaire for 

Reasonable Accommodation (Attachment B). 

C. FLETC Form 256-05-03 FLETC Employee Reassignment as Reasonable 

Accommodation of Last Resort Job Search Form (Attachment C). 

D. FLETC Form 256-05-04, FLETC Authorization to Release Medical 

Records/Information (Attachment D). 

E. FLETC Form 256-05-05, FLETC Record of Implementation of Agency-Approved 

Student Accommodation Request (Attachment E). 

F. FLETC Form 256-05-06, FLETC Withdrawal of Reasonable Accommodation 

Request (Attachment F). 

G. FLETC Form FTC-SSD-51, Transportation, Lodging and Meals Accommodation or 

Waiver Form (Attachment G). 

H. Department of Health and Human Services, Federal Occupational Health Service 

Authorization for Disclosure of Information Form (Attachment H). 

IV. DEFINITIONS: 

A. Assistive Technology: Any item, piece of equipment, or system, whether acquired 

commercially, modified, or customized, commonly used to increase, maintain, or improve 

functional capabilities of individuals with disabilities. 

B. Confidentiality: The requirement under the ADA and the Rehabilitation Act to 

protect against disclosure of medical and disability related information. Anyone who receives 

medical and disability related information is strictly bound by confidentiality requirements. 

Medical information may only be disclosed in certain limited situations: 

1. Management officials and others involved in the implementation of an 

accommodation who have a “need to know” (including the Deciding Official who requested that 

the medical information be obtained) may be told about the individual’s functional limitations 

and about the necessary accommodation(s). 

2. First aid and safety personnel, when appropriate, if the disability might require 

emergency treatment. 

3. Government officials when the information is necessary to investigate DHS or 

FLETC compliance with the Rehabilitation Act. 

C. Day: Business day, unless noted otherwise. If a deadline falls on a weekend, federal 

holiday, or other non-business day, the deadline shifts to the following business day. 

FLETC Manual 256-05 

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D. 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. The 

determination that an individual poses a direct threat must be based on an individualized 

assessment of the individual’s present ability to safely perform the essential functions of the job. 

E. Disability: A physical or mental impairment that substantially limits one or more 

major life activities. Exclusions include, but are not limited to, transvestitism, transsexualism, 

pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical 

impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, 

“normal” pregnancy, old age, current illegal drug use, and current prescription drug abuse. 

Anyone who is currently using drugs illegally is not protected by the ADA and may be denied 

employment or separated from service based on such use. 

F. Disability Discrimination: When an employer or other entity covered by the ADA 

or the Rehabilitation Act treats an employee, applicant or student who is a qualified individual 

with a disability (QUID) unfavorably because the individual has a disability. Disability 

discrimination can occur in two ways: 

1. The first occurs when employees, applicants for employment or students are 

treated differently or unfavorably or subject to adverse actions and/or retaliation on the basis of 

their physical or mental disabilities. 

2. The second occurs when management fails to make reasonable accommodation 

for a disabling condition. 

G. Essential Function: A job duty so fundamental to a position that the position 

requirements cannot be fulfilled without successful performance of the duty. A function is 

determined to be “essential” if, among other things the position exists specifically to perform the 

function, there are a limited number of other employees who could perform the function, or the 

function is specialized and the individual is hired based on their ability to perform it. 

H. Individual with a Disability: An individual who has a physical or mental 

impairment that substantially limits one or more major life activities (an “actual disability”), or a 

record of a physical or mental impairment that substantially limits a major life activity (“record 

of”), or an actual or perceived impairment that is not both transitory and minor (“regarded as”). 

I. Interactive Process: The process by which the individual requesting an 

accommodation and the Deciding Official engage with each other, as well as with the Disability 

Program Manager or Reasonable Accommodation Coordinator, HCO and Office of Chief 

Counsel (OCC) as needed, about the request for accommodation, the precise limitations resulting 

from the disability, the process for determining whether an accommodation can be provided, and 

whether there are alternative accommodations available. 

J. Job Restructuring: Job restructuring is a form of reasonable accommodation that 

includes position modifications such as reallocating or redistributing job functions that an 

employee is unable to perform because of a disability and altering when and/or how a function is 

performed. 

K. Major Bodily Functions: 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 

FLETC Manual 256-05 

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reproductive functions. The operation of a major bodily function includes the operation of an 

individual organ within a body system. 

L. Major Life Activity (MLA): Activities of daily living, including major bodily 

functions, that the average person in the general population can perform with little or no 

difficulty, such as (but not limited to) caring for oneself, performing manual tasks, walking, 

seeing, hearing, speaking, breathing, learning, and working. 

M. Medical Expert: A medical professional who may assist FLETC in the review of 

medical information and/or consult with the employee’s medical treatment provider, when 

necessary. 

N. Participating Organization (PO): Any eligible federal agency involved, directly or 

indirectly, in the enforcement of federal law, which has applied for and been granted PO status 

with FLETC. 

O. Personal Assistance Service (PAS): Services not otherwise required as reasonable 

accommodations that allow employees with targeted disabilities to fully participate in the 

workplace by providing assistance with activities of daily living. 

P. Qualified Individual: An individual who satisfies the requisite skill, experience, 

education and other job-related requirements of the employment position such individual holds 

or desires, and who, with or without reasonable accommodation, can perform the essential 

functions of such position. 

Q. Reasonable Accommodation (RA): Any change or modification in the work 

environment or in the way things are customarily done that would enable a qualified individual 

with a disability to enjoy equal employment opportunities. 

R. Reasonable Accommodation Team (RA Team): The group of individuals who 

work closely together to conduct the individualized assessment, as appropriate, for reasonable 

accommodation requests. RA Team typically includes a representative from the EEO Office, 

HCO, and OCC but may be supplemented with technical experts on an as-needed basis for 

matters relating to specialized training, safety, medical, etc. As appropriate, the RA Team meets 

with the Deciding Official to discuss the requester’s functional limitations, the essential 

functions of the position in question, potential effective accommodation(s), and other relevant 

issues. 

S. Reassignment: A form of reasonable accommodation that, absent undue hardship, 

may be provided as a last resort to FLETC employees (not to applicants) who, because of a 

disability, can no longer perform the essential functions of their job, with or without reasonable 

accommodation. A reassignment is made only to a vacant position within FLETC or DHS, as 

requested by the employee. The employee must be qualified for the position and does not have 

to compete for it. The employee does not have to be the best qualified for the position. As long 

as the individual is minimally qualified, they must be considered for the vacant position at hand. 

T. Request for Reasonable Accommodation: A verbal or written statement that an 

individual needs an adjustment or change in working conditions or requirements, in the 

application process, or in relation to a benefit or privilege of employment for a reason related to a 

disability. 

FLETC Manual 256-05 

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U. Targeted Disabilities: A subset of conditions that would be considered disabilities 

under the Rehabilitation Act and for which qualified individuals with certain disabilities (i.e. 

such as blindness, deafness, paralysis, convulsive disorders, and mental illnesses, among others) 

have faced significant barriers to employment that are above and beyond the barriers faced by 

people with the broader range of disabilities. See the Office of Personnel Management’s 

Standard Form 256 (https://www.opm.gov/Forms/pdf_fill/sf256.pdf) for a complete list of 

targeted disabilities. 

V. Training Delivery Point (TDP): A DHS congressionally funded facility operated by 

FLETC. 

W. Undue Hardship: This results when providing an accommodation that is unduly 

costly, extensive, substantial, or disruptive to operations, or would fundamentally alter the nature 

or operation of the business. All available resources to DHS as a whole, excluding those 

designated by statute for a specific purpose, must be considered when making a determination as 

to undue hardship. 

X. Vacant Position: A position that is funded and unencumbered when the employee 

requests a reassignment as reasonable accommodation of last resort. A position is considered 

vacant until a Certificate of Eligibles has been issued. 

V. RESPONSIBILITIES: 

A. The Director is responsible for ensuring FLETC complies with applicable EEO and 

reasonable accommodation laws, regulations, and Executive Orders. 

B. The Equal Employment Opportunity (EEO) Officer is the Director’s designee 

responsible for ensuring FLETC complies with all applicable EEO laws, regulations, and 

Executive Orders. The EEO Officer administers the EEO Program, which includes the 

Disability Employment Program. The EEO Officer shall: 

1. Review and approve procedures for processing requests for reasonable 

accommodations and PAS. 

2. Develop a tracking system to monitor the responses to requests for reasonable 

accommodation and PAS FLETC-wide. 

3. Coordinate with FLETC divisions to ensure appropriate training is provided to 

supervisors, managers and hiring officials. 

4. Maintain a contract for Sign Language Interpreter services for FLETC, as 

appropriate. 

5. Maintain an Interagency Agreement with the Department of Health and Human 

Services for Federal Occupational Health medical review services for reasonable accommodation 

cases, as appropriate. 

C. The Disability Program Manager (DPM) shall: 

1. Manage the reasonable accommodation program FLETC-wide. 

2. Develop and implement procedures for processing requests for reasonable 

accommodations and PAS. 

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3. The DPM may assign a Reasonable Accommodation Coordinator (RAC) to 

process a reasonable accommodation or PAS request and determine when it is appropriate to 

refer a case to an RA Team. 

4. Oversee, monitor, and track the FLETC reasonable accommodation process and 

PAS requests in accordance with 29 C.F.R. § 1614.203(d)(8)(vi); make records available to the 

EEOC upon the Commission’s request; provide case status to employees, applicants, and 

students upon request. 

5. Provide technical assistance on reasonable accommodation and PAS requests 

and serve as a resource for FLETC management, employees, applicants for employment, 

students’ employing agency representatives, and students. 

6. Ensure security of medical information in all reasonable accommodation and 

PAS cases. 

7. Maintain confidentiality of medical information, including not disclosing the 

existence of a reasonable accommodation or PAS request, to anyone who does not have a “need 

to know.” 

D. The Reasonable Accommodation Coordinator (RAC) shall: 

1. Counsel individuals about reasonable accommodation requests and PAS; 

consult with DPM for technical assistance as needed. 

2. Process assigned reasonable accommodation and PAS cases. 

3. Work closely with the individual requesting accommodation, the RA Team, the 

DPM, and the Deciding Official to facilitate the interactive process. 

4. Report to the DPM case status and any incidents of non-compliance with 

processing timeframes prescribed herein. 

5. Ensure security of medical information in all assigned reasonable 

accommodation and PAS cases. 

6. Maintain confidentiality of medical information, including not disclosing the 

existence of a reasonable accommodation or PAS request, to anyone who does not have a “need 

to know.” 

E. Chief, Office of Chief Counsel (OCC) shall: 

1. Appoint an OCC Representative to serve as a member of the RA Team. This 

representative provides legal advice and assistance to the RA Team and FLETC management at 

the earliest possible stage of the reasonable accommodation/PAS process to ensure 

management’s actions comply with applicable laws, directives, and regulations, and are legally 

defensible and otherwise appropriate. 

2. Maintain confidentiality of medical information, including not disclosing the 

existence of a reasonable accommodation and PAS request, to anyone who does not have a “need 

to know.” 

F. The Human Capital Officer, Human Capital Office (HCO) shall: 

1. Ensure that a reasonable accommodation statement is included in all job 

FLETC Manual 256-05 

September 2021 

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announcements, as applicable. 

2. Ensure requests for accommodation by job applicants are processed in a timely 

manner, and in keeping with DHS and FLETC reasonable accommodation procedures. In these 

instances, HCO works with the Hiring Official and DPM, as needed, to assess each request on a 

case-by-case basis. 

3. Assign an HCO Workforce Relations Branch (WRB) representative to serve as 

a member of the RA Team. 

4. Assist management officials with identifying essential and marginal functions of 

positions, as appropriate. 

5. Oversee the administration of FLETC-wide procedures for conducting a search 

for a reassignment as a reasonable accommodation of last resort. Works in an interactive manner 

with the employee seeking the reassignment and the employee’s supervisor, as appropriate. 

6. Adhere to DHS-wide job search guidance for requests for reassignment as a 

reasonable accommodation of last resort. Seek assistance from the FLETC DPM as needed. 

7. Ensure unions are provided an opportunity for collective bargaining on 

reasonable accommodation procedures, as appropriate. 

8. Maintain confidentiality of medical information, including not disclosing the 

existence of a reasonable accommodation and PAS request, to anyone who does not have a “need 

to know.” 

G. IT Operations and Support Division (OSD) Division Chief shall: 

1. Upon request, provide information technology guidance to employees, Deciding 

Officials, and the DPM and/or RAC in support of FLETC reasonable accommodation and PAS 

requests. 

2. Upon request, assign a representative to serve as an ad hoc member of the RA 

Team to participate in the interactive process in support of an assistive technology reasonable 

accommodation request. 

3. Acquire, install, and support the assistive technology reasonable 

accommodation in accordance with written decisions of the Deciding Official and consistent 

with Departmental and Component information technology policy and procedures. 

4. Maintain confidentiality, including not disclosing the existence of a reasonable 

accommodation and PAS request, to anyone who does not have a “need to know.” 

H. Chief Financial Officer (CFO) shall: 

1. Upon request, allocate or seek funding guidance for FLETC reasonable 

accommodation and PAS requests. 

2. As appropriate, participate in discussions seeking reimbursement of reasonable 

accommodation and PAS costs from and facilitate the reimbursement of such costs. 

3. Maintain confidentiality, including not disclosing the existence of a reasonable 

accommodation and PAS request, to anyone who does not have a “need to know.” 

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I. The Deciding Official for an employee accommodation request is generally the 

supervisor, but may be a higher-level individual in the employee’s chain of command. In the 

case of a job applicant, the Deciding Official may be the hiring official or the HCO or their 

designee. The Deciding Official shall: 

1. Participate in the interactive process, to include discussions to clarify the 

request, and obtain and exchange relevant information. 

2. Participate in identifying effective accommodations, including proactively 

consulting with appropriate FLETC offices (e.g., EEO, HCO, OCC, CIO, and Facilities 

Management Division) and appropriate external resources for assistance (see Reasonable 

Accommodation Resources, Attachment I.) 

3. Seek guidance related to reasonable accommodation and PAS requests from the 

DPM, RAC, OCC Representative, or HCO Representative, as appropriate. 

4. Complete the FLETC Job Analysis Questionnaire Form (FLETC Form 256-05-

02) to accurately identify the essential and marginal functions of the requestor’s position within 

five days of request. Determine the essential functions of a position on a case-by-case basis 

considering the job as actually performed, and not based only on the components of a position 

description. Consult with WRB for guidance, as needed. 

5. Approve or deny employees’ requests for reasonable accommodation and PAS. 

6. Authorize funding of costs associated with provision of approved reasonable 

accommodations and PAS, or seek funding guidance from CFO, as appropriate. 

7. Reconsider decisions in accordance with dispute resolution procedures 

prescribed in section VI of this manual. 

8. Ensure that approved reasonable accommodations and PAS are provided within 

the applicable timeframes identified herein. Failure to provide an accommodation in a prompt 

manner may result in a violation of the Rehabilitation Act. 

9. Ensure recurring needs for accommodations and PAS are met, such as the 

assistance of sign language interpreter or reader. 

10. Maintain confidentiality of medical information, including not disclosing the 

existence of a reasonable accommodation and PAS request to anyone who does not have a “need 

to know.” 

J. Students’ Employing Agency Representatives shall: 

1. Receive and process their students’ reasonable accommodation and PAS 

requests in accordance with their respective agency’s procedures. 

2. Conduct an individualized assessment of their students’ reasonable 

accommodation and PAS requests in accordance with their respective agency’s procedures and 

in consultation with the appropriate subject matter experts at FLETC (program specialists, 

classroom coordinators, student services, etc.) or contact the FLETC EEO Office Reasonable 

Accommodation Coordinator for technical guidance. 

3. Notify FLETC of approved reasonable accommodation and PAS decisions in 

accordance with student procedures identified in section VI(C) below. 

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4. Fund or reimburse FLETC-funded costs associated with provision of their 

respective students’ approved reasonable accommodations and PAS requests. 

VI. PROCEDURES: 

A. FLETC Employees. 

1. Requesting Reasonable Accommodation or Personal Assistance Services. 

a. An employee may start the reasonable accommodation/PAS process by 

making an oral or written request to their supervisor, another official in their supervisory chain, 

HCO, or an EEO official. In the case of a current FLETC employee requesting reasonable 

accommodation or PAS related to applying for another FLETC position, the request may be 

made to the HCO point of contact listed on the vacancy announcement. 

b. While the requestor may initially make the request orally, the request must 

be confirmed in writing by the employee, the DPM or RAC using the appropriate FLETC form 

(Confirmation of Employee Reasonable Accommodation Request Form, FLETC Form 256-05-

01). The supervisor or manager must begin processing an oral request for accommodation 

and/or personal assistance services and the interactive process begins immediately upon receipt 

of a request and must not wait for written confirmation from the requestor. 

c. The requestor is not required to mention the Rehabilitation Act, the ADA 

or the phrases “disability” or “accommodation.” A requester does not need to have a particular 

accommodation in mind before making a request. 

d. An employee may request a reasonable accommodation and/or PAS at any 

time even if they have not previously disclosed the existence of a disability. 

e. A family member, health professional, or other representative may request 

a reasonable accommodation on behalf of an individual with a disability. For example, a 

doctor’s note outlining medical restrictions of an employee may constitute a request for 

reasonable accommodation. However, an employee is not required to accept an offered 

accommodation. If the employee needs a reasonable accommodation to perform an essential 

function or to eliminate a situation that creates a direct threat to the employee or others, and 

refuses to accept an effective accommodation, the employee may not be qualified to remain in 

their assigned position. 

f. Sign language interpreter services are managed centrally by the EEO 

Office. The employee or the supervisor must submit requests for sign language interpreter 

services to the EEO Officer or their designee. Supervisors must proactively request interpreters 

for deaf or hearing-impaired employees for crucial events such as meetings, training, safety talks, 

discussions, and disciplinary actions. 

g. Recurring requests are not required for repeating accommodations, such as 

the assistance of sign language interpreter or reader on a regular basis. 

h. If a reasonable accommodation request involves assistive technology, the 

supervisor or manager or the employee may contact IT Service Desk by phone or via the FLETC 

Service Portal to explore available solutions. See attachments I, J, and K for additional resources 

available to FLETC employees, supervisors, and managers. 

FLETC Manual 256-05 

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i. Although supervisors and/or managers have the authority to approve 

routine requests for reasonable accommodation such as providing a sit/stand desk, ergonomic 

chair, or modifying a work schedule (adjustments must be within the agency’s previously 

established guidelines such as telework, flexible work schedules, granting short-term leave, etc.), 

EEO recommends that they contact the FLETC DPM to ensure the accommodation is adequately 

documented. 

j. Supervisors or managers must refer all reasonable accommodation 

requests that impact the requestor’s ability to perform the essential functions of the position to 

the DPM within two days from the date the request was made. 

k. Supervisors or managers must contact the DPM and HCO/WMB if they 

identify work conditions that pose a direct threat to an employee or others. 

l. Supervisors or managers must refer all PAS requests to the DPM within 

two days from the date the request is made. The following are examples of PAS that may be 

requested: assistance with removing and putting on clothing, eating, preparing lunch, using the 

restroom, pushing a wheelchair, assistance with luggage, and assistance with getting into and out 

of a vehicle at the worksite. 

m. Employees may track the processing of their reasonable accommodation 

or PAS request by contacting the DPM. 

2. The Interactive Process. 

a. The request for accommodation begins the interactive process between the 

requester, the supervisor or manager, and the DPM, as needed, whereby the parties engage with 

each other about the requested reasonable accommodation or PAS. Through this process, 

relevant information is developed to assess whether or not an accommodation or PAS is required 

and, if so, to determine if an effective accommodation is available. Communication is a priority 

throughout the process. FLETC supervisors and managers involved must take a proactive 

approach in searching for and considering possible appropriate, effective accommodations and 

PAS, including consulting appropriate resources (e.g. DPM, OSD, Information Technology 

Service Desk, Computer and Electronics Program, Job Accommodation Network, etc.) for 

assistance. The employee requesting the accommodation may also participate in identifying 

effective accommodations and personal services. Ongoing communication is particularly 

important when (a) the specific limitation, problem or barrier is unclear; (b) when an effective 

accommodation is not obvious; or (c) when the parties are considering different possible 

accommodations. 

b. In cases when the disability, the need for accommodation or PAS, and/or 

the type of accommodation is known or obvious to the Deciding Official, and/or the parties agree 

on the effective reasonable accommodation or PAS, extensive discussions may not be necessary. 

In such cases, the accommodation or service must be appropriately documented by the Deciding 

Official in consultation with the DPM and implemented expeditiously. 

c. When an individual requests a particular accommodation or service that is 

not effective, would pose an undue hardship and/or cause a direct threat to the individual or 

others, or is otherwise not legally required (e.g., removing an essential job function), a supervisor 

must not stop the interactive process. Instead, the supervisor must explore alternative solutions 

FLETC Manual 256-05 

September 2021 

Page 14 of 26 
with the employee and with the DPM or HCO as appropriate, until either a reasonable 

accommodation is found or it is determined that no accommodation is available in the 

employee’s current position. 

d. The employee and supervisor or manager may consult with the DPM 

and/or RAC for technical assistance at any time. 

3. Medical Information. 

a. When a requestor’s disability and/or need for reasonable accommodation 

or PAS is not obvious or otherwise already known to the Deciding Official, the DPM or RAC 

may ask the individual to provide reasonable documentation to the DPM from an appropriate 

professional, such as a doctor, social worker, or rehabilitation counselor. Medical information 

must be sufficient to explain the nature, severity, and duration of the individual’s disability, the 

individual’s limitations, need for reasonable accommodation, and how the recommended 

accommodation may assist the individual to apply for a job, perform the essential function of a 

job, or enjoy the benefits and privileges of employment. Documentation unrelated to the 

disability claimed must not be requested. Only minimal and necessary medical information in 

order to fulfill the business need may be requested 

b. In some cases, the individual’s disability and need for accommodation is 

obvious or otherwise already known to the Deciding Official. In these cases, medical 

information may not be necessary. 

c. In order to get the most helpful information from the employee’s medical 

provider, the supervisor may fill out the FLETC Job Analysis Questionnaire (JAQ) Form, 

FLETC Form 256-05-02, which contains information relevant to the employee’s job, the 

essential and marginal job functions the individual is expected to perform, and any other relevant 

information. The DPM or RAC may provide the completed JAQ form to the employee to 

discuss with their medical provider if they decide to do so. 

d. The cost of obtaining the requested medical documentation is the 

responsibility of the employee requesting the reasonable accommodation. 

e. Failure by the employee to provide the requested medical information 

outlined in section VI.A.3.a. above in a timely manner and/or to cooperate with FLETC’s efforts 

to obtain such documentation may result in a denial of the reasonable accommodation request. 

f. Once medical documentation is received, the DPM or RAC must evaluate 

it to determine if it sufficiently provides the nature, severity, and duration of the impairment; the 

activity or activities that the impairment limits; the extent to which the impairment limits the 

individual’s ability to perform the activity or activities; and why the disability necessitates the 

accommodation requested. If the medical information the employee provides is insufficient to 

determine whether an accommodation or PAS is appropriate, the DPM or RAC may ask the 

requestor to provide supplemental medical information. 

g. In some cases, the employee voluntarily supplies medical information 

directly to the supervisor or manager. In these cases, the supervisor or manager must work with 

the DPM as set forth in this section to determine how best to safeguard the information. 

FLETC Manual 256-05 

September 2021 

Page 15 of 26 
h. If the RA Team determines that an employee’s medical information must 

be reviewed by a medical expert, the DPM or RAC must coordinate the review; all costs 

associated with this medical review are incurred by FLETC. The DPM or RAC must hold the 

case in abeyance (processing time suspended) when it is under medical expert review. 

i. Under the ADA and Rehabilitation Act, any individual in receipt of 

medical information obtained in connection with the reasonable accommodation/PAS process 

must keep it confidential, e.g. the existence of a request, details of the request, whether it has 

been approved, and information about functional limitations, etc. all must remain confidential. 

j. Any individual in receipt of medical information must maintain it in 

accordance with applicable laws and regulations. 

k. Any individual properly in receipt of medical information may disclose 

medical information under limited circumstances, including to the following: 

1) Supervisors and managers may need to know about necessary 

limitations or restrictions on the work or duties of the employees and about the necessary 

accommodation(s); 

2) First aid and safety personnel if the disability might require 

emergency treatment; 

3) Government officials to investigate the agency’s compliance with 

the Rehabilitation Act; 

4) Agency EEO or administrative investigative personnel to maintain 

records and evaluate and report on the agency’s performance in processing reasonable 

accommodation requests. 

l. Whenever medical information is appropriately disclosed to meet a 

business need, the individual disclosing the information must inform the recipients of the 

information about the confidentiality requirements that attach to it. FLETC employees who 

obtain or receive confidential medical information are strictly bound by the confidentiality 

requirements. Only minimal and necessary medical information in order to fulfill the business 

need may be disclosed. For example: 

1) OSD or the ITSD may need to know the employee’s functional 

limitations to determine assistive technology options, but they do not need to know the 

requester’s underlying medical condition. 

2) An employee requests and receives a special lumbar-support chair as 

a reasonable accommodation. The other employees in the office ask their supervisor why their 

coworker is receiving “special treatment.” The supervisor would violate the Rehabilitation Act if 

he revealed that the coworker received the chair as a reasonable accommodation. There is no 

exception to the Rehabilitation Act’s requirement of confidentiality that allows disclosure of 

medical information in this circumstance. An employee’s right to privacy must be respected. In 

this case, the supervisor or manager must explain that personnel matters and workplace issues 

encountered by an employee are personal and that the agency must respect employee privacy. 

Violations of privacy may result in liability for the agency. 

4. Reassignment as a Reasonable Accommodation of Last Resort. 

FLETC Manual 256-05 

September 2021 

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a. Reassignment as a reasonable accommodation of last resort is available 

only to FLETC employees after it has been determined by the supervisor or manager that FLETC 

cannot provide an effective accommodation that would enable the employee to perform the 

essential functions of their position. 

b. Upon such determination, the supervisor or manager must notify the 

employee in writing that, based on the individualized assessment, the employee cannot be 

accommodated in the current position and must provide the FLETC Employee Reassignment as 

Reasonable Accommodation of Last Resort (RRAOLR) Job Search Form, FLETC Form 256-05-

03 (Attachment C) to the employee. The supervisor or manager must also refer the employee to 

the DPM and the Workforce Management Branch (WMB) Chief for further counseling on a 

reassignment of last resort as a reasonable accommodation. 

c. Within five days of receipt of such notification, the employee may request 

reassignment as a reasonable accommodation of last resort by providing a current resume and the 

completed RRAOLR Job Search Form to the DPM and HCO WMB Chief. Failure to provide 

the requested information in a timely manner may result in a denial of the reasonable 

accommodation request. 

d. Within five days of receipt of the employee resume and job search form, 

utilizing the parameters identified by the employee on the RRAOLR Job Search Form, the WMB 

Chief must conduct a FLETC-wide job search to identify if there are any vacant, funded 

positions. A position is considered vacant until a Certificate of Eligibles has been issued. The 

WMB Chief must also work with appropriate FLETC officials to identify all projected vacancies 

expected to occur within 30 days of beginning the job search. 

e. All vacant FLETC positions revealed during the job search must be frozen 

by the WMB Chief for up to two days; the WMB Chief must then determine which positions the 

employee qualifies for, based on the employee’s current resume and functional limitations. The 

vacant positions identified for which the employee does not qualify must be released from the 

hold. 

f. The employee must be minimally qualified for a position and meet the 

specialized training, experience and physical requirements of the vacant position, and must be 

able to perform the essential functions of the position with or without an accommodation. The 

employee does not need to be the best-qualified individual for the position in order to obtain it as 

a reassignment. The WMB Chief and employee must engage in the interactive process to enable 

the WMB Chief to fully understand the employee’s current job tasks and skills level. 

g. The WMB Chief must place all identified qualifying positions on hold for 

up to five additional days for management to determine which position WMB must offer to the 

employee. When multiple qualifying positions are revealed, management must prioritize 

positions within the employee’s Directorate. The position WMB offers to the individual should 

be equivalent in terms of pay, status, benefits, or other relevant factors. If WMB is unable to 

identify an equivalent position within the employee’s directorate, WMB may offer the employee 

a position outside of the employee’s current directorate. When multiple qualifying positions are 

identified, management must consult with the employee about the available positions, but 

management ultimately determines the position offered. If there is no vacant equivalent position 

revealed during the FLETC-wide job search, WMB must offer the employee a vacant lower 

FLETC Manual 256-05 

September 2021 

Page 17 of 26 
graded position for which the individual is qualified unless the employee has indicated on the 

RRAOLR form that they do not want to be considered for a lower graded position. 

Reassignment through the Reassignment of Reasonable Accommodation of Last Resort process 

does not include placing an employee in a higher graded position or a position with higher grade 

potential than the employee’s current position. 

h. If WMB identifies a position the employee is qualified for, WMB must 

issue the job offer to the employee within three days of the position being identified. The 

employee must accept or decline the offered position within three days of receiving the offer. 

The DPM or RAC must hold the case in abeyance pending the employee’s decision. WMB must 

implement pay administration procedures in accordance with applicable laws, regulations, and 

FLETC policy. When FLETC reassigns the employee to a lower-graded position, the 

employee’s existing rate of pay must be preserved to the maximum extent possible. If the 

employee’s existing rate of pay is above the top step of the offered lower graded position, the 

employee is entitled to pay retention as prescribed by FLETC Directive 65-51, Pay Setting 

Policy. 

i. If the FLETC-wide job search does not produce a qualifying position and 

the employee has indicated no interest in a DHS-wide job search, the employee must be notified 

in writing by WMB that no FLETC positions are available. A copy of this written notification 

must also be provided to the Deciding Official and the DPM. 

j. If the employee indicates on the RRAOLR form that they are willing to 

consider a position outside of FLETC, DHS must perform a DHS-wide job search in accordance 

DHS Instruction 259-01-002, Procedures for Conducting a Department-Wide Search for a 

Reassignment as a Reasonable Accommodation of Last Resort. 

k. FLETC remains responsible for implementing interim reasonable 

accommodations that do not create an undue hardship and/or direct threat to the individual or 

others and will continue to attempt to find potential reassignment opportunities within FLETC 

during the pendency of the DHS-wide job search. 

l. The DPM or RAC must hold the case in abeyance pending results of the 

FLETC-wide and DHS-wide job search. 

m. If the DHS-wide search results in no qualifying position identified, the 

reasonable accommodation process is concluded. The Deciding Official must remove the 

employee from federal service for “inability to perform duties (because of a medical condition.)” 

n. If the employee declines an offered equivalent position, neither FLETC or 

DHS will conduct any further job searches and the RRAOLR process is concluded. 

o. If the employee accepts a position offered in the RRAOLR process, the 

Deciding Official and HCO must process a personnel action effecting the reassignment and 

Deciding Official will issue a written decision indicating that the request for reasonable 

accommodation was granted. 

5. Deciding and Implementing Reasonable Accommodation and PAS. FLETC 

must grant a qualified individual with a disability/targeted disability a reasonable 

accommodation/PAS unless to do so would require altering the essential functions of the 

FLETC Manual 256-05 

September 2021 

Page 18 of 26 
position, pose an undue hardship on FLETC, and/or cause a direct threat to the individual or to 

others. 

a. Granting an Employee’s Request. 

1) A Deciding Official does not have to provide the exact reasonable 

accommodation requested by the employee; the reasonable accommodation must be effective. If 

more than one reasonable accommodation or service is effective, the Deciding Official may 

choose which to approve. Prior to making a decision on the reasonable accommodation request, 

the Deciding Official may discuss assistive technology reasonable accommodation alternatives 

with OSD to gain an understanding of potential cybersecurity, technical compatibility, or 

operational support challenges with proposed alternatives. The Deciding Official may discuss 

these alternative reasonable accommodations with the requestor. When a supervisor or manager 

provides a different reasonable accommodation or service than what the employee requested, the 

supervisor or manager must explain the reasons that they believe that the chosen reasonable 

accommodation is effective. 

2) As soon as the Deciding Official determines that FLETC will 

provide a reasonable accommodation, even if on an interim basis, the Deciding Official must 

communicate that decision to the requestor as soon as practicable. This immediate notice does 

not need to be in writing, but the Deciding Official must issue a written notification within three 

days after communicating the decision. A supervisor who grants a request is also responsible for 

making any necessary arrangements to ensure that the reasonable accommodation is provided 

within the applicable timeframe. 

b. Interim Reasonable Accommodation or PAS. When a Deciding 

Official grants a reasonable accommodation and/or PAS that cannot be provided immediately, or 

when all the facts and circumstances known to FLETC make it reasonably likely that an 

individual will be entitled to a reasonable accommodation or PAS, FLETC will provide the 

individual with an interim reasonable accommodation or PAS that allows the employee to 

perform some or all of the essential functions of the employee’s job, as long as it is possible to 

do so without imposing undue hardship on the agency and/or causing a direct threat to the 

individual or others. For example, when FLETC grants a request for computer software for a 

vision-impaired employee, but there will be a delay in obtaining it, the Deciding Official may 

provide the services of a reader in the interim. In a situation where FLETC agrees to make 

certain structural renovations, it might permit the individual to telework temporarily until the 

facility is accessible. 

c. Denying an Employee’s Request. 

1) All reasonable accommodation and PAS requests resulting in denials 

must be reviewed by OCC. 

2) When the Deciding Official determines that a request for reasonable 

accommodation or PAS will be denied, the Deciding Official must issue a written decision to the 

requestor, with a copy to OCC and the DPM. The explanation for the denial must be written in 

accessible, plain language, clearly stating the specific reasons for the denial. (e.g., Medical 

documentation is inadequate to establish that the individual has a disability and/or needs a 

reasonable accommodation; the requested reasonable accommodation would require the removal 

FLETC Manual 256-05 

September 2021 

Page 19 of 26 
of an essential function; or the requested reasonable accommodation would require the lowering 

of a performance or production standard.) 

3) When evaluating budgetary or administrative concerns to determine 

if undue hardship exists, FLETC will follow the standards outlined in the Equal Employment 

Opportunity Commission “Enforcement Guidance on Reasonable Accommodation and Undue 

Hardship Under the Americans with Disabilities Act” and will consider the resources of DHS as 

a whole, excluding those designated by statute for a specific purpose. 

4) A reasonable accommodation must be reevaluated when the 

employee or management determines that the current reasonable accommodation is no longer 

effective. 

5) All decision letters must inform the employee that the employee has 

the right to file an EEO complaint of discrimination pursuant to 29 CFR § 1614.106 and may 

have rights to pursue Merit Systems Protection Board (MSPB), administrative grievance 

procedures, and union grievance procedures. The notice must also explain FLETC procedures 

available for alternate dispute resolution. 

6. Timeframes for Processing Employee Reasonable Accommodation and 

PAS. 

a. It is FLETC’s policy to review each request for reasonable 

accommodation and PAS in a timely, consistent manner. All participants in the reasonable 

accommodation process are expected to act as expeditiously as possible. 

b. The requesting employee may contact the DPM or RAC to inquire about 

the status of their request for reasonable accommodation or personal assistance services. 

c. Regular Processing Timeframe. The process from the date of the initial 

request to issuing the decision should take approximately 30 days. 

d. Expedited Processing Timeframe. In certain circumstances, a request 

for reasonable accommodation or PAS requires an expedited review and decision in a timeframe 

shorter than 30 days. This could occur, for example, when a reasonable accommodation is 

needed to ensure that an employee with a disability has equal opportunity to apply for a job, 

attend training, or participate in a specific agency activity that is scheduled to occur shortly, such 

as a training opportunity offered on short notice. Where the expedited process is necessary, the 

Deciding Official is authorized to take the necessary steps to provide the accommodation or PAS 

in a timely manner. 

e. Extenuating Circumstances and Extensions. 

1) On occasion, there may be circumstances that cannot reasonably be 

foreseen or avoided in advance of the request for reasonable accommodation or PAS, or that are 

beyond FLETC’s ability to control. In these circumstances, individuals involved in the 

reasonable accommodation or PAS process may submit a written request for an extension to the 

DPM. The written notification will indicate the reason for the extension request. 

2) When extenuating circumstances are present, the DPM or RAC will 

extend the 30-day timeframe for processing a request and providing the accommodation or 

service as reasonably necessary. The supervisor or Deciding Official must notify the individual 

FLETC Manual 256-05 

September 2021 

Page 20 of 26 
and the DPM or RAC of the reason for the delay, including explaining the extenuating 

circumstance that justifies the delay, and when they expect to conclude processing the request. 

Such notifications will be in writing and will indicate the reason for the delay. 

3) An individual requesting a reasonable accommodation or PAS may 

request additional time to comply with any deadlines prescribed herein. Extensions are rare and 

granted by the DPM or RAC on a case-by-case basis. Failure to participate in the interactive 

process and comply with identified timeframes may result in denial of the request by the 

Deciding Official. 

4) When the DPM determines that a justifiable delay exists (e.g. 

employee has requested but not yet received supplemental documentation from their medical 

provider; case is under review by FLETC’s medical expert, etc.), the DPM or RAC will hold the 

case in abeyance. The DPM will notify all parties in writing upon holding a case in abeyance 

and upon lifting of abeyance. Supervisors will consider provision of an interim accommodation 

while the case is in abeyance. See interim accommodations, Section VI.A.5.b. 

f. Provision of Reasonable Accommodation. 

1) If granted, a Deciding Official will provide an accommodation as 

soon as possible, but no later than 10 days from the date the Deciding Official approves the 

request. 

2) If the reasonable accommodation cannot be provided within 10 days 

from the date the Deciding Official approved the request, the Deciding Official must decide 

whether to take temporary measures to accommodate the employee (see interim accommodation, 

Section VI.A.5.b.). As part of the interactive process, the Deciding Official will discuss these 

temporary measures with the employee and with the DPM, RAC or other appropriate personnel, 

as applicable. 

7. Funding for Approved Employee Accommodations. 

a. Each FLETC organization is responsible for authorizing funding to 

support the provision of reasonable accommodations and PAS. If a Deciding Official does not 

have sufficient funding available, the Deciding Official must contact the CFO to request funding 

guidance. 

b. Relocation costs associated with reassignment as a reasonable 

accommodation of last resort will be paid by FLETC only if FLETC would have authorized such 

costs if FLETC had filled the position outside of the reasonable accommodation process. 

8. Alternative Dispute Resolution (ADR). 

a. An employee or Deciding Official may request ADR at any stage of the 

reasonable accommodation/PAS process by contacting the DPM. The DPM will make 

appropriate arrangements. 

b. Pursuing ADR in the reasonable accommodation/PAS process will not 

PRGLI\RUUHSODFHWKH((2FRPSODLQWSURFHVVJRYHUQHGE\((2& UHJXODWLRQVVHHௗ&)5SDUW

1614) and ADR does not satisfy the requirements for bringing a claim under EEO process. The 

DPM or RAC will hold the timeframe for processing the RA request in abeyance until the 

resolution of ADR. ADR does not affect the time limits for initiating MSPB and union 

FLETC Manual 256-05 

September 2021 

Page 21 of 26 
grievance procedures available to employees and ADR does not satisfy the requirements for 

bringing a claim under MSPB, administrative grievance procedures, or union grievance 

procedures. 

9. Reconsideration and Higher-Level Review of Reasonable Accommodation 

Final Decisions. 

a. An employee may request reconsideration of a final decision of their 

reasonable accommodation or PAS request by submitting a written request for reconsideration to 

the DPM within three days of receiving the final decision. The employee may present additional 

information or supply new or missing records in support of their request for reconsideration. 

b. The DPM will review the request for reconsideration and forward to the 

appropriate Deciding Official. The Deciding Official will issue a written response to the 

employee’s request for reconsideration within five days of receipt of the request. 

c. If the Deciding Official does not reverse or modify the decision, the 

employee may request higher-level review within five days of receiving the reconsideration 

decision by submitting their request for higher-level review to the DPM or RAC. The higherlevel review must be decided by a higher-level individual than the Deciding Official in the 

employee’s chain of command. 

d. Management must issue its response to the higher-level review to the 

employee within 10 days of receipt of the request. 

e. An employee has a right to file a complaint of discrimination or a 

grievance without exhausting the Reconsideration process. 

10. Complaint and Grievance Procedures. 

a. An employee has the right to seek redress of the Reasonable 

Accommodation decision through any of the processes outlined in the decision letter; 

b. File a grievance under the FLETC Administrative Grievance Procedures 

within 15 calendar days from receipt of this notice (if not a Bargaining Unit Employee); 

c. File a grievance under the negotiated agreement procedures within 15 

calendar days from receipt of this decision; 

d. File an appeal with the Merit Systems Protection Board within 30 calendar 

days of an appealable adverse action; or 

e. File a discrimination complaint within 45 calendar days with the EEO 

Office. Please note that an EEO Complaint may be filed at any time during the Reasonable 

Accommodation process. Contact may be made by calling (912) 267-3316. 

11. Conflict of Interest. To avoid any actual or perceived conflict of interest, any 

EEO, HCO or OCC staff members who performed intake, counseling, or otherwise was involved 

in processing a reasonable accommodation or PAS request, or providing technical or legal 

assistance, must recuse themselves from any subsequent related formal or informal complaint or 

grievance processing. In some cases, if a conflict of interest exists, Complainant cases may be 

sent to DHS Civil Rights and Civil Liberties and assigned to another DHS Component EEO 

FLETC Manual 256-05 

September 2021 

Page 22 of 26 
Office for processing; that Component’s EEO Office may counsel, investigate and make a 

decision to accept or dismiss an EEO complaint. 

B. Applicants for FLETC Employment. 

1. Requesting Reasonable Accommodation. 

a. Applicants for FLETC employment requiring reasonable accommodation 

for any part of the application and hiring process may contact the HCO specialist listed on the 

vacancy announcement. 

b. The applicant’s request for reasonable accommodation may be oral or 

written. 

c. Applicants may track the processing of their reasonable accommodation or 

PAS request by contacting the DPM. 

2. Medical Information. Under the ADA and Rehabilitation Act, information 

obtained in connection with the reasonable accommodation process must be kept confidential. 

HCO must maintain medical information in files separate from the individual’s application file. 

Medical information must only be disclosed to those with a genuine “need to know.” FLETC 

employees who obtain or receive such information are strictly bound by these confidentiality 

requirements. Any questions about the RA process may be directed to the FLETC DPM. 

3. Timeframes for Processing Applicant Reasonable Accommodation 

Requests. The HCO specialist or hiring official must expedite processing of reasonable 

accommodation requests from external applicants. 

4. Funding. HCO is responsible for authorizing or seeking necessary funding to 

provide applicants with approved reasonable accommodations. 

5. Deciding Reasonable Accommodation Requests. The Deciding Official must 

provide written notification to an applicant notifying them of the reasonable accommodation 

decision. If management denies an applicant’s request for accommodation, a written notice of 

denial must be provided by HCO informing the applicant that the applicant has the right to file 

an EEO complaint pursuant to 29 CFR § 1614.106. OCC must conduct legal review before HCO 

provides a notice of denial to an applicant. 

6. Remedy Procedures. Applicants for FLETC employment may file a 

discrimination complaint with the FLETC EEO Office within 45 calendar days from the date 

that the applicant became aware of the matter alleged to be discriminatory. Contact the FLETC 

EEO Office: 

x In person: EEO Office/Complaints Manager 

Townhouse 379, Glynco, Georgia 31524 

x By phone: 912-267-3316 

x By email: FLETC-EEO@fletc.dhs.gov 

C. Students. 

1. Requesting Reasonable Accommodation. A student seeking reasonable 

accommodation or PAS while attending training at FLETC TDPs must submit a request for 

FLETC Manual 256-05 

September 2021 

Page 23 of 26 
accommodation to their employing agency in accordance with their agency’s reasonable 

accommodation/PAS procedures. 

2. Agency Decision. The student’s employing agency must evaluate the student’s 

request and conduct the individualized assessment in accordance with their agency’s procedures. 

When it is not clear what accommodations or PAS would be most effective at FLETC, the 

agency representative must consult with the appropriate subject matter experts at FLETC 

(program specialists, classroom coordinators, student services, etc.) and/or contact the FLETC 

EEO Office DPM or RAC for technical guidance. The student’s employing agency makes a 

decision as to which accommodation would be most effective by engaging in the interactive 

process with the student and FLETC, as needed. 

3. FLETC Implementation of Agency Decision. When the student’s request is 

approved by their agency, the agency representative must notify the appropriate FLETC 

official(s) listed below as far in advance of the student’s attendance at FLETC conducted 

programs and activities as practicable: 

a. Artesia TDP. 

1) Lodging, Meals, and Transportation. Any accommodations that 

pertain solely to student lodging, meals, or transportation at FLETC-Artesia must be submitted 

by the employing agency representative to Artesia Training Management Division Chief using 

form FLETC Form FTC-SSD-51 (Attachment G). See Attachment L for current contact list. 

2) Any other accommodations. Any other accommodation needs for 

students attending training at FLETC-Artesia must be submitted by the agency representative to 

the FLETC DPM or RAC by email to FLETC-EEO@fletc.dhs.gov using form FLETC Form 

256-05-05, FLETC Record of Implementation of Agency-Approved Student Accommodation 

Request (Attachment E). 

b. Charleston TDP. 

1) Lodging, Meals, and Transportation. Any accommodations that 

pertain solely to student lodging, meals, or transportation at FLETC-Charleston must be 

submitted by the employing agency representative directly to Charleston Training Management 

Division Chief using form FLETC Form FTC-SSD-51 (Attachment G). See Attachment L for 

current contact list. 

2) Any other accommodations. Any other accommodation needs for 

students attending training at FLETC-Charleston must be submitted by the employing agency 

representative to the FLETC DPM or RAC by email to FLETC-EEO@fletc.dhs.gov using form 

FLETC Form 256-05-05, FLETC Record of Implementation of Agency-Approved Student 

Accommodation Request (Attachment E). 

c. Cheltenham TDP. All accommodation needs for students attending 

training at FLETC-Cheltenham must be submitted by the employing agency representative to the 

FLETC DPM or RAC by email to FLETC-EEO@fletc.dhs.gov using form FLETC Form 256-

05-05, FLETC Record of Implementation of Agency-Approved Student Accommodation 

Request (Attachment E). 

d. Glynco TDP. 

FLETC Manual 256-05 

September 2021 

Page 24 of 26 
1) Lodging, Meals, and Transportation. Any accommodations that

pertain solely to student lodging, meals, or transportation at FLETC-Glynco must be submitted 

by the employing agency directly to FLETC Student Services Division) using form number 

FLETC Form FTC-SSD-51 (Attachment G) and emailing the document to FLETC-LodgingMealWaivers@fletc.dhs.gov. 

2) Any other accommodation needs must be submitted by the

employing agency to the FLETC DPM or RAC by email to FLETC-EEO@fletc.dhs.gov using 

form FLETC Form 256-05-05, FLETC Record of Implementation of Agency-Approved Student 

Accommodation Request (Attachment E). 

4. Medical Information. Student medical information must not be sought or

maintained by FLETC. 

5. Timeframes for Implementing Student Accommodations. The agency

submission of the appropriate form (see Section VI.C.3, above) at least 30 days in advance of the 

student’s attendance at FLETC conducted programs and activities arrival generally provides 

FLETC sufficient time to implement the approved accommodation or PAS. In the event a 

reasonable accommodation or PAS cannot be implemented in time, the agency may need to defer 

the student to a future available class. 

6. Funding Student Accommodation Costs. CFO may charge back to the

student’s employing agency any costs incurred by FLETC that are associated with the 

implementation of a student’s reasonable accommodation. Student requests for PAS must be 

funded by their respective employing agencies. 

7. Student Complaint Procedures. FLETC does not render decisions on

students’ requests for reasonable accommodation and PAS. Students should adhere to the 

complaint procedures prescribed by their employing agency. Students may contact the FLETC 

EEO Office at any time for assistance. 

VII. ATTACHMENTS:

A. FLETC Form 256-05-01, FLETC Confirmation of Employee Reasonable

Accommodation Request Form 

B. FLETC Form 256-05-02, FLETC Employee Job Analysis Questionnaire for

Reasonable Accommodation 

C. FLETC Form 256-05-03 FLETC Employee Reassignment as Reasonable

Accommodation of Last Resort Job Search Form 

D. FLETC Form 256-05-04, FLETC Authorization to Release Medical

Records/Information 

E. FLETC Form 256-05-05, FLETC Record of Implementation of Agency-Approved

Student Accommodation Request 

F. FLETC Form 256-05-06, FLETC Withdrawal of Reasonable Accommodation

Request 

G. FLETC Form FTC-SSD-51: Transportation, Lodging and Meals Accommodation or

Waiver Form 

FLETC Manual 256-05 

September 2021 

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H. Department of Health and Human Services, Federal Occupational Health Service 

Authorization for Disclosure of Information Form 

I. Reasonable Accommodation Resources 

J. Personal Assistance Services Frequently Asked Questions 

K. Computer/Electronic Accommodations Program 

L. Contact List 

FLETC Manual 256-05 

September 2021 

Page 26 of 26