[Ohio-talk] looking for advice

[Debra Baker via Ohio-talk]

Dear Nicole,

I am Debra Baker, totally blind and a retired teacher after 33 years working for Springfield City district in Springfield, Ohio public schools.  I had similar experiences during my tenure with Springfield City.  However, the injustices were not to do with accommodations refused on the part of the district.  Rather, they were job postings for which, in one case, I was the only one certified and qualified in my district.  Instead, they gave the job to a brand new hire, ignoring my seniority and certificate.  With the help of my uniserv rep through the Ohio Education Association and and the National Education Association, and with other attorneys in network through the union, I went to Ohio Civil Rights Commission, filed a complaint and won satisfaction.

I was not with the NFB at that time, though, perhaps with your situation, it would benefit you to contact NFB attorneys since your need for accommodation is right in line with our constant fight for equal opportunity and accessability.  

I also took additional action each time I filed with OCRC.  I filed a grieveance and won it as well.  Of course, grieveances apply only to those issues that are contractual--i.e. included as obvious violations to specific articles included in your professional agreement between your teachers' union and the board of education.  Such action may be a problem for you, as your specific need for an accessibility accommodation would not be specifically addressed in the professional agreement.  

Each time I was observed, (separate from my three-year appraisal reevaluations) and each time I was appraised every three years as well, I read those observations and evaluations, commented on their content, and dated my comments.  That way, when I checked copies of same that were always included in my personnel file, I always knew whether someone had added information after my dated comments that might have been potentially detrimental to me and/or my chances to seek employment with another district or even within Springfield City.  That way, my principal, (observer-evaluator)  and anyone else who was contractually supposed to receive copies of my personnel file, could see where my dated comments ended and whether or not anyone else had added written information afterward without my knowledge.  I always commented and dated on the advice of my union reps and union officials above them.  Even if I didn't have a specific comment to write as a refutation or rebuttal, I asked someone to make large X all over the front and back of the page that contained observation or evaluation so that no writing could be added by anyone else without my knowledge.  That way, if copies that were in my personnel file contained unexpected written additions, I could prove that these were added illegally and without my knowledge or consent.  My signature on the initial evaluations or observations constituted merely that I had read the documentation, not necessarily that I always agreed with it.  

You should also check your personnel file as often as possible yourself.  Ours were filed downtown, away from the school buildings in which we worked.  If you check often, you can try to assure that no one is adding documentation of which you are unaware.  For me, there was a caveat for checking my personnel file, of course.  We district teachers knew, from experience, that, if we made an appointment ahead of time to come in to check our files, certain administrative secretaries removed certain documents from our personnel files that principals or superintendants did not want us to see.  However, we knew these had been removed.  How did we know?  We could send a friend or colleague in to check our files, and they made copies of those documents that suspected would be removed when we went in to check our own files.  Sounds incredible?  Believe me, it happened.  Usually, those things that were added were merely typed on blank paper, and not on the proper form that was required by the binding
Professional agreementbetween teachers and the board.  The only insurmountable problem for me was the "secret"  with-in building file that each principal kept.  The bad principals denied that they had these files, but we knew they existed because the UNISERV people from the teachers' union coorborated their existence.  I never did get around that problem.  

Even including those two trips to the Ohio Civil Rights Commission, I only had serious trouble with one principal and a friend of his, who was not even to act as an observer-evaluator for me.  But that guy was the best friend of the principal with whom I had trouble.  All this is to say, please be wary.  Be careful.  Don't assume.  I only suggest checking your personnel file regularly and/oor sending a friend in to do so, knowing that written documents of which you do not have copies could be being added, thus adding fodder for school officials to continue to ignore your requests for accommodations and equal treatment/opportunity.  They seem to be hoping that the longer they ignore you, you will eventually go away.  Use the help of attorneys as you can afford to.  Through your union hopefully, you could receive a discounted rate to seek counseling with an attorney who is in your liability insurance plan.  

Sorry I seem perhaps too jaded and cynical.  But I speak from experience.  And I did win satisfaction from both my trips to the Ohio Civil Rights Commission.  Good luck to you.

Sincerely,

Debra Baker, Springfield, Ohio

-----Original Message-----
From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of via Ohio-talk
Sent: Friday, May 23, 2014 11:08 PM
To: ohio-talk at nfbnet.org
Subject: [Ohio-talk] looking for advice

 
Hi,
I am not one to put messages on the  list very often and when I do, it is 
typically responding to someone else’s  message.   
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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