--- 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.
>
>
----------------------------------------------------------------------
Darrell Paulsen, Founder/CEO
Paulsen & Company, Inc. Email us : MAILTO:[log in to unmask]
804 4th Street So.
South St. Paul, Minnesota 55075
(651) 455-3013 TDD (651) 554-3200
Surf out What's NEW on our Products Page
http://www.winternet.com/~disabled/product.html
And, don't forget to tell your friends and co-workers about
iGive and your favorite cause. It's the easiest way to raise money!
Just have them go to http://www.iGive.com/html/ssi.cfm?cid=6653
(c)1996-2000 All material on this site is copyright protected.
Revised by : Ray Manning 3rd of Paulsen & Company.
-------------------------------------------------------------------
This message posted by Paulsen and Co a non-profit disability awareness
organization. For more information about us please check out our
website at: http://www.winternet.com/~disabled/ [The Opinions And
Views Discussed Above Are Those Of The Writers, And Not Necessarily
Supported By The Groups Or Organizations Mention Above.]
Our postings are meant for informational purposes only. Individuals or
organizations wishing to be removed may request by submitting an EMail. We
honor all removal requests, due to a large list(s) and third party contacts
we ask for a ten business day policy. This allows for verification and the
removal from our multiple lists that Paulsen and Company
and/or members of said lists manage, subscribe to, or otherwise maintain.
________________________________________________________________
DISABLED & VOTES !!! DISABLED & VOTES !!! DISABLED & VOTES !!!
----------------------------------------------------------------------
|