--- Teri Mosier <[log in to unmask]> wrote:
> This is from the Arbitration Report in the BNA ADA Manual 9.9
> San Francisco Unified School Dist. and United Educators of San Francisco,
> 114 LA 140, AAA, Case No. 74-300-00051-99, 1/18/00
>
> A deaf teacher would be unable to assist in the development of her students'
> language abilities, which is fundamental to the education of kindergarten or
> first grade students, arbitrator William E. Riker ruled.
>
> The teacher lost her job when the district consolidated its school system and
> the number of deaf classes was reduced. The school district's certified
> audiologist stated that the deaf teacher could perform the job if she was
> given the right accommodations. The recommended accommodations were that she
> be given a teacher's aide to serve as an interpreter, new hearing aids with
> direct audio input, and a portable microphone and receiver system. The
> district refused. Both parties agreed the sole reason for the refusal to
> place her in the classroom was her hearing impairment.
>
> The school district argued that it was not obligated to place the teacher in
> the requested job because she could not perform its essential functions, even
> with accommodations. "She cannot effectively teach language acquisition and
> phonics, manage a classroom of twenty hearing students, or communicate with
> parents and colleagues," the district said.
>
> The arbitrator agreed. The ability to listen carefully to what children are
> saying, use questions to develop language, and generate conversation in a
> variety of situations are essential functions of a kindergarten or
> first-grade teacher's job, he said. Assigning the deaf teacher to that
> position would fundamentally alter those essential functions, which is not
> required by the ADA or the bargaining agreement, the arbitrator said.
>
>
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