[Ohio-talk] looking for advice
Marianne Denning via Ohio-talk
ohio-talk at nfbnet.org
Mon May 26 01:59:05 UTC 2014
Nicole, that is a very difficult position. I understand it might be
difficult to prove the district is taking the conflict they have with
you out on the union. I think you need to do what is best for you.
Please keep us informed. We are all concerned about you.
On 5/25/14, via Ohio-talk <ohio-talk at nfbnet.org> wrote:
> 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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--
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053
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