[blindlaw] need advice

[via blindlaw]

Rod,
I appreciate your advice and will keep it in mind with any  future 
messages.  
Thank you,
Nicole
 
 
In a message dated 5/24/2014 5:42:11 A.M. Eastern Daylight Time,  
Attorney at alcidonislaw.com writes:

To  Nicole and everybody else:

Folks, this is not legal but commonsense  advice. Please remember that this 
listserv is a public listserv. In other  words, within a few weeks, the 
content of your post can be found on the  internet with a simple google 
search. I always cringe when I see such  detailed posts regarding a private 
matter on a public forum.

My  2cents.

Rod

-----Original Message----- 
From: via  blindlaw
Sent: Friday, May 23, 2014 11:10 PM
To:  blindlaw at nfbnet.org
Subject: [blindlaw] need advice


Hi,
I am  not one to put messages on the  list very often but I am looking  for
some advice from others though…to get an idea of  what others  might do in 
my
situation.  I apologize for the length.
Just some  quick background  information first.  I am legally   blind.   I 
am
finishing my  12th year of teaching in an  inner city public school system
as a  special education teacher.   I have  taught in the same school 
district
for my entire career.   They hired me knowing that I was legally  blind and
might need a  couple reasonable accommodations.  For 10 years or so,  the
district’s  administration was very helpful and very willing to  provide any
reasonable  accommodations to me I requested.    I certainly wasn’t pushy 
and 
only
asked for things that were   essential.  They were always more  than willing
to comply with my  requests and never questioned anything.   Even during
those 10  years, I had  several different principals, 2 different  Special
Education directors, and a  couple different Superintendents  that I worked 
under.
For the most part, with the  exception of one  principal that caused
problems for everyone, I had no issues  with any  administration and any 
requests I
made.  The one issue I did have  with the  principal, the Superintendent at
the time quickly corrected  the issue.
In the last couple years, we have  acquired a new  Superintendent, a new
Special Education director, and new   principals.   The response I  have
received from the current  administration has been very different.
At the beginning of December of  last  year, I made a request for a
reasonable accommodation to my  principals.   They ignored my request.  I 
again asked
a  couple more times,  getting more specific and more direct each  time…
.while still being professional  and respectful.  I was  still  ignored. 
Then at
the beginning of  January, I  contacted the Superintendent in an attempt to
resolve the issue,   which had worked the one other time I had had issues 
with
a   principal.  The Superintendent also ignored my  attempt to contact  him
and never responded.  After discussing it with our union’s   attorney (who
also happens to practice disability law), it was decided that  I  would 
file 
an
internal ADA complaint within the  district.   I filed the complaint and
chose to  have our  union’s attorney act as my representation.   The  
district
contacted their  attorney who then contacted my  attorney.   After some
discussion and despite  my anger, I  agreed to mediate the issue without 
the 
district
having to go   through the investigation process first.   Although I was
angry  because I felt  that the district’s actions were totally out of line 
 
and
unnecessary, I was not  going into this with an attitude of  “I’m out to 
get
them”.   I just wanted to continue to be   treated in the same manner I had
been for 10 years and be provided  reasonable  accommodations when I
requested them, nothing  more.   We held a meeting where it was  myself, my 
 
attorney,
the district’s attorney, and administration.   We  came to a written and
signed  agreement between the district and  myself as to the reasonable
accommodations  that I needed and the  district was willing to provide.   I 
thought
with the  signed  agreement and my dismissal of the complaint, that we’d all
be  able to move on  and I’d get what I needed.  The  agreement was  
supposed
to be distributed to all administrators that I work with  or  under so that
they were aware of the agreement and its  contents.   About 2 weeks later, I
was  speaking to one of  the administrators and I mentioned the 
agreement….and
they  seemed  to be unaware of the agreement or its contents.  This  
concerned
me.  I asked a couple other administrators  and  received the same response.
So  I called my attorney and told her my  concerns.  I said “How can I
expect these people to  follow an  agreement that they don’t even seem to be
aware of?  I mean, that  doesn’t seem very fair to  them.”   She then  
contacted
the  district’s attorney and we ended up on a three-way  conference call.   
I
explained my concerns.  She did have  documentation that all the
administration had been informed of it but  stated that she would make 
contact  again
with the  Superintendent’s office and tell them that they needed to check
again with  their administrators to ensure they were well aware of the  
agreement
and expectations.  Again, I wasn’t  out to “get  them”…I was simply just
trying to prevent another issue.   This  was like 2 months ago.
So, now comes today.  I was at a district level  professional  development
meeting in which I was to be provided a  reasonable accommodation  that 
would
allow me gain the information I  needed and fully participate in the
professional development.  Mind  you,  this professional development is 
information
and training on  our new state level  teacher evaluation system….which in
turn,  directly correlates to my evaluation  and ultimately, my job.    So, 
yes,
it is extremely important stuff.  The accommodation I was  to be provided
today was on the signed agreement  we made months  ago.  The two
administrators who ran the professional development were  both people who 
were  provided
the information….one of which was  ironically, the Special Education
director.   Despite the   agreement, I was not provided the accommodation. 
I had to
go through  the training  without it.   Needless to say,  I am angry  and
frustrated.   I  had 10 great years with no  issues.   I’ve tried very hard 
to
work with the current  administration and have  tried to understanding  and
forgiving.   I’ve given them chances to make  things  right and do the right
thing.   They just don’t seem to  care!!!
So, my question is……..what avenue  would you do next?   Would you try  and
mediate yet again, even though they are obviously  refusing to follow the
agreement that is already made?   Would  you file a complaint outside the
district?   What direction would  you take from  here?   What suggestions 
do  
you
have?
Any thoughts are  appreciated!
Thanks in   advance,
Nicole
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