[Ohio-talk] looking for advice

via Ohio-talk ohio-talk at nfbnet.org
Sat May 24 19:34:24 UTC 2014


Debra,
Thank you so much for your response.  It is helpful and  insightful to hear 
about similar experiences from other blind educators,  especially from 
those who have many years of experiences in the trenches.   I will certainly 
keep in mind your suggestions and heed your warnings.  
Thank you again,
Nicole
 
 
In a message dated 5/24/2014 2:11:40 P.M. Eastern Daylight Time,  
ohio-talk at nfbnet.org writes:

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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