[Ohio-talk] looking for advice

[via Ohio-talk]

Hi Colleen (and all),
You are right that sometimes you do have to go to the next  step.  I do 
believe I am probably at that point.  
With that said, as you stated, sometimes there are risks  involved.  To 
further complicate my situation, there is something I didn't  share in my 
original message....because it really shouldn't matter....but it is  what is 
making me hesitate on this.  
You see, I am also a union president.  We are negotiating  our contract 
this year and negotiations are slated to be done in June and  July.  My concern 
is that if I do go outside the district and file a  complaint, that they 
may take that and lash back by taking it out on the union  during 
negotiations.  Negotiations are already anticipated to be tough this  year and I am 
fearful they would retaliate....and I think it would be difficult  to prove that 
that is what they were actually doing.   Does that make  any sense?   
Like I said....it shouldn't matter...but the reality is, the  timing 
stinks.  So that is what is making me hesitate.  I meet with  the union's attorney 
this week about negotiations and am hoping to get her take  on the matter 
then.
Thanks for your input!
Nicole
 
 
In a message dated 5/24/2014 3:13:22 P.M. Eastern Daylight Time,  
ohio-talk at nfbnet.org writes:

Hello  Nicole,
I can tell you from personal experience that sometimes it is  necessary to 
go to the next step when the powers that be are not willing to  work with 
you when you ask for reasonable accommodations.
While there are  some risks when you go from the Soft Approach and Internal 
Mediation sometimes  you have to decide that you need to go outside the 
agency you work for even if  this is somewhat intimidating.
Sometimes people want to make it difficult  for someone in hopes that they 
will give up and leave their position.
As  Marianne said a good paper trail is your best bet.
Document, document,  document.
You are the only person who can decide what you want to do in  this 
situation.
I would like to encourage you to go to the next step sooner  rather than 
later because the more you allow people to ignore their agreement  and 
reasonable accommodation request the more they 
will do so.
Colleen  Roth


----- Original Message -----
From: via Ohio-talk  <ohio-talk at nfbnet.org>
To:  ohio-talk at nfbnet.org
Date:  Friday, May 23, 2014 11:09:15 PM
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...ffget 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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