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gillbott

Member
True, I did make some bad decispins. We do get minimal training. But no training for kids who run into the parking lot is a bit much.
I filed a timely claim with the state, it's not filed with a court of law, therefore not at the "appeal" phase.

You might want to read about when and how a claim and an appeal are quite different according to the law.
Or maybe read about partial complex frontal seizures and nocturnal frontal seizure disorder.

This is an "advice" forum, not a place to to hear I am dealing with a "saga that is moot" or that I "failed to exercise my rights."
 


HRZ

Senior Member
Get to an advocate / support group for your disability . perhaps somebody there has good suggestions as to employment lawyer seasoned at addressing your issues

I've been there to file claims et al....not easy w/o legal help.....apparently you have a right to sue letter ....timeline is critical.

If somebody quoted $30,000 to start the case ...that seems realistic to me.

Part of what I did not see in your post is your asking for a reasonable accommodation under ADA... It is not automatic . sort of must be requested ...but your fact pattern may support a different view
 

gillbott

Member
My neurologist asked that I not climb high on the slides or use sharp objects. District claims these are not "not in the scope of a paraprofessional's duties." which is complete bs. They also claim that since I don't have a disability, they didn't need to provide these. Then they cite that sometimes in a high school level classroom, hand-over-hand assistance is sometimes utilized for learning how to use scissors. Kindergarten-fifth graders need hand over hand assistance too. Three of the students in the first classroom, and one in the second room often climbed to the top of the slide and refused to get down during integrated recess and lunch.

I gave the district a copy of the Stanford doctor's diagnosis, and that I am a reasonable candidate for laser surgery in my frontal lobe. They are still claiming I don't have a disability. I have my yearly appointment with her in late September.

The accommodation I should have requested from my local (long time) neuro is that I need to be transferred into one of the academic classrooms, as that is where my experience lies and student' needs pose less of a challenge to me. The district didn't include the entire questionnaire, where "yes" was check marked for each question, just the page where my neuro says no slide or sharp objects.

An Oakland lawyer just called - her office is too busy. But she gave me some advice re an email to prospective attorneys. More detail, and don't open up with already having my RTS letter because they likely see that and think uh oh, there's already a time limit to this.
The district never refuted that I resigned at any of the eight board meetings I spoke at.

My first attorney (who sees merit, but simply doesn't have the time) said in August 2017 that I didn't really have a strong case because I resigned. He did write them a demand letter after they removed my application, and got them to send a copy of my personnel file. They left out my performance review. During investigation, they refused to mediate with DFEH. I do know that my good performance review was in November, and they claim that in a span of three or four weeks my performance warranted termination. The HR guy wouldn't email a copy, then sent one unsigned... with an email saying this isn't official because a meeting never took place..." No, I responded, I remember the meeting well. Three weeks later I got a signed copy.

Here's what I'm most confused about though:
The DFEH forwarded my right to sue letter / case(?) to the EEOC.
The notice from the EEOC says it has been forwarded to the DOJ, and they will be issuing my RTS letter as soon as possible. Is this just a matter of course? I do know that it's pretty significant that it was even investigated.

Last week I filed a retaliation claim with the DFEH (superintendent of HR saying "...you brought this upon yourself when you involved the DFEH." at the last board meeting I spoke at. This happened November 2017.

I am going to draft another email. As everyone here knows, details and succinct aren't my forte. I'm also going to speak to the para who got a permanent position the spring of 2017, despite having a ton of absences, but not technically, since she was only subbing. I subbed for her five times in one month. I think she will sign a declaration. She was terminated after a few months, due to excessive absences.

Time to draft a short, detailed letter. lol...but I'll put "my case down" for a bit first.
 
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gillbott

Member
Update: An attorney from Legal Aid at Work (LAAW) called today. We talked for a bit and she asked me to forward docs.
We shall see...
 

cbg

I'm a Northern Girl
I don't know how I missed this thread before. FYI your employer was 100% correct - you cannot drop your insurance without a qualifying event or an open enrollment. That was not your employer being arbitrary - that is Federal law.
 

gillbott

Member
I don't know about that, but this a failure to rehire case. They spent tens of thousands to "fight" something they did wrong in removing my application. More than that, they are breaking policies set forth by the IDEA, to provide disabled students a quality education in the least restrictive learning environment.

At least ten lawyers I communicated with either don't take on cases against a school district, or needed a huge retainer. Not once did anyone say I didn't have a valid disability claim when this district didn't rehire me.
 

cbg

I'm a Northern Girl
I have no idea whether you have a valid claim or not. However, there was a part of your post that had not been addressed - that of your employer refusing to cancel your health insurance without an open enrollment period or a qualifying event. I addressed it.
 

gillbott

Member
Ok. And you're correct. But they removed my application. A para who I actually subbed for a lot was made permanent the spring I was subbing. She had a long term placement, as a 1:1 for a brilliant but autistic fifth grader. She ends up in the academic room and was terminated for excessive absences.

This fifth grader's general teacher, case manager and even another para who's known him for four years said they'd NEVER seen him sit down and do work. His prompt was getting to go on his Ipad to share information about owls for five minutes if he finished one side of a worksheet. This was because he was telling me all sorts of owl facts for like ten minutes and disrupting his focus. They're violating IDEA when they have a long term sub placating him ALL DAY with an Ipad with no academic goals being addressed, among other things. He'd get the district less money if he was in the resource program instead. Kid was brilliant.
 

gillbott

Member
Individuals with Disabilities Education Act, enacted in 2014. I don't know the exact wording, but it's something like "Each child with a disability is entitled to a quality education in the least restrictive environment". This kid is a good example, because he's got the analytical intelligence and mathematical skills of say, a scientist. He could excel in high school science in general classrooms, integrated with general ed students. He may never have the proper social skills support to get into those classrooms; the district gets a lot less money for gen kids.

So he'll be the really quiet kid in a special day class doing calculus for fun, but ignored because he's "easy" or "quiet". He wasn't progressing or doing any work to show his grade level skills. He did both sides of a math assessment and answered 48 language arts assessment questions when I was working with him. His math skills were seventh grade, his language arts were tenth grade by state general ed standards. With his para that got the permanent position, he sat on his Ipad while she played on her phone.

It's too complicated to explain, but basically if he stays "autistic" and stays in an autistic classroom. the district gets more money for him. That's a violation of the IDEA. It's a money game.
 

gillbott

Member
But it really doesn't have anything to with anything overall, except that student rights were just as violated as mine according to the ADA. (IDEA is part of it). I wasn't allowed to work for the district to help students meet grade level standards, and help with social integration skills. I was stuck having desks tipped onto my feet and being bitten, or spoon feeding someone in a wheelchair, and "terminated" due to my performance in those classrooms. It's not worth a long drawn out conversation though.
 

cbg

I'm a Northern Girl
What happened with other people is of no relevance to whether the law was violated in your case.
 

gillbott

Member
The only question I never got an answer to, here or in any research online, is whether it's standard procedure for a state disability claim to be forwarded to federal level, especially since the ADA timeline is only 90 days.
 

gillbott

Member
That's what I figured. I had like twelve seconds of "Right ON!! this a DOJ matter!! District is in trouble now!!" then I was like oh whatever, they probably do this with every claim/withdrawal that hits their system. I couldn't help but smile when it was also sent directly to their attorney.
:)
 

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