I am in special education and work with students on the mild-moderate side of the autism spectrum as well as mild to moderate learning disabilities. Mostly verbal, able to sit still with gentle prompting, able to do basic skills, some needing single step instruction, hand over hand instruction, etc, mostly toilet trained, able to "converse" but simply interact in a way which will impede their social/academic growth - anxieties, personal space and eye-contact rules, maybe outbursts of anger, but easily containable. Also students who have severe behavioral/emotional challenges, but with some de-escalation and conversation can calm down.
The school I was at has five sped classrooms, one a Language and Behavior class, one a medically fragile class, one 1-3rd grade academic, another 3-5th grade academic and a transitional/kindergarten class, all mobile and many verbal. The academic classrooms had about 10 staff members dispersed throughout. I guess at that time (student to adult ratio, etc) there were about 22 or so paraprofessionals onsite.
August - district places me into a K-3 classroom (four adults, seven students) where only one is toilet trained, one is verbal, students who run away, kick me, tip their desks in frustration, spit on me, wipe excrement on me. One student used to lie on the concrete during recess and stim (relax himself) by opening and shutting classroom doors. I had no training, was overwhelmed and didn't feel I was doing well. I was so relieved to have a well paying job that I just took it as a challenge. But I wasn't doing well. No worse than any of the many staff who have been transferred in and out of that room - about 14 since I've left job. I'm still friends with the teacher outside of school.
October - have my partial complex seizure, staff takes me to doctor, etc. Principal sat with me during the whole appointment. At this time I'm still just thinking "weird...to have a seizure during the day...it's been like 20 years." Later that week I have the HR appt where my disability is discussed. I tell him that I've done this work for almost a decade, raised three daughters, volunteered in their rooms, drove on fieldtrips and etc. That I disclose epilepsy to teachers I am placed with, and staff I work with, but only that I can get vertigo from meds.
Early November - I go to see my regular neurologist of 12 years and she fills out the packet checking "yes" next to every point at which I could seize. which is any time, as seizures are only controlled by meds, not cured. Her accommodation is that I cannot use scissors or climb high on the slide. Sometime near, not sure of day, I try to address board about getting out of insurance. The HR guy supersedes me and I tell him why I need out and he says he'll see what he can do.
Mid November - The curriculum specialist and principal give me a written job performance. I get overwhelmed, I can't use the walkie talkie correctly, but that I am courteous, on time, good attendance, can use office equipment, cooperative, etc. They decide to place me into the medically fragile classroom. Wheelchair bound, need spoon feeding, stomach tubes, toileting, etc. Many are also violent.
Late November - Learn about retail price of meds when I get refill, and call the HR guy and say I need out, now. Talk to insurance lady, etc. I need a Qualifying Event. Have a baby, marriage, other stuff, don't remember. I am buying pills in two day incriments. Pharma company will not provide, but I can get a free generic version. I decide to stay on retail price meds til winter break (early December) starts re safety, and acclimating to formulation. I take it the friday before and have vertigo so badly that I have to lie down for two hours.
In the interim, there has been stream (now erased) with me asking HR "can we create a qualifying event where I resign and you can just repost the job and give me an internal rehire? Districts do that all the time. I might not be in the right classroom, but you know that I'm committed, etc. I do have copies of the emails with the district insurance gal, and she's suggesting stuff like that.
It gets so long and convoluted that I could go on but wont. Suffice it to say that the HR guy called me four days before xmas "I release you from your position!!" I said yes over phone, I cannot tolerate generic meds. He emails me the unemployment papes, but no official "termination" documentation. I recant decision within eight hours and he replies that the paperwork has already been filed. I go ahead and apply for a sub position, assuming when mine reopens (they do need someone) I will at least have the ability to apply, and share that I'd be best suited for one of the nine academic classroom para jobs. This district switches us around like playing chess. No basis on experience or skill set. Ever.
Sub coordinator texts me like three weeks into second semester and asks if I'm cleared to sub. I say no, haven't even viewed my online app. She said let me take care of it...I'm set to sub the next day, in first voilent classroom.
After my seizure and good review (I forgot this part) the principal came into that classroom and asked the teacher for specific issues I'm having at job. In their report to DFEH they have notes taken by the principal about instances when I couldn't work with the difficult kids, mistakes, etc.
Anyway I sub a lot in the academic classrooms, do well, get letters of rec from those teachers and attach to my July application which was removed and never viewed. On the last day of summer school, the program director even reminded me to get my app in. I told her that I want to update letters and she says "no worries, we already have you in and want you back"
I addressed the board re med coverage sometime in early december, if I remember correctly. I also addressed the board 7 or 8 times August through December 2017. They have two meetings a month.
This school site alone has about nine academic positions, and I don't know how many there are district wide. I do know that one woman I was subbing for A LOT (who was also a sub, not permanent) with a 1:1 sixth grader was hired permanent spring 2017. The case manager wrote an angry email to the director, asking why someone working with such an intense kid, with so many absences got hired when I was so good with that same kid? Turns out that the district terminated her due to absences and she was placed in one of the academic rooms! She said that afterward they wanted to clarify that it was absences and not her migraines, and wanted to know how many absences were due to migraines.
So their "review/report" that I have a copy of does not mention that I subbed, mentions the five onsite classrooms but only cites my work while permanent working in them. Cites job performance re those students. Which are hard for anyone to work with. My second sub day was in the medically fragile classroom. They had a new kid with serious stomach tube, needed an LVN. I'm standing next to her in cafeteria and say I really messed up, letting this job go...she says "yeah, that's the only reason I have a job"
Like I said, they put any para anyplace as long as the numbers line up re student to staff ratio. In july, I applied for one of four positions. My application was removed. It's too convoluted to even wrap my head around. But I do know that they were aware I was a strong candidate for an academic room.
I guess an attorney looks at this and thinks "disability" is a stretch, because until one daytime seizure after 20 years I was doing fine in special ed. The district cites that too that my disability didn't impede me.
But they wouldn't let me out of med coverage. I'm sure I'm not the only person ever who said oops...I can't stay in this...so it's not my disability itself, but that I wouldn't be able to adequately control it because I couldn't afford name brand med. It's a big circle, but in a sense I'm not being offered a july position because of that. Is that even a feasible way to look at it?
They did move me into a "less suitable" room after seizure knowing that I was going to start generic. They didn't ever move me into a room where I wouldn't be endangering myself helping a violent kid with scissors, where kids could be "talked" off a slide. I don't know. I just emailed info to the law center for low income folks. It's mostly work injury and things to do with farming labor issues. I realized that my oldest daughter was in a class with the director's son. Someone will take it on...
Gah. I really needed to type this all out apparently. I appreciate the opportunity -- like law-therapy. Have a wonderful day everyone!
(oh this too: I did have an attorney who helped out a lot in July, sent demand letter etc. District refused mediation with DFHE, when attorney requested my personnel file, their good review wasn't included. I emailed the guy (i still had hard copy) that I needed it, like three weeks later, he sends me an attachment of it, unsigned. "Just so you know, this isn't official because it isn't signed." I emailed back that it wasn't true. I got a signed one about two weeks after that. Also they did not include my neurologist's paperwork, where can she have a seizure during ( )? was checked "yes." When I texted that attorney that the DOJ was getting RTS letter to me he said "bring me what you have", and he's looking around and asking. He has also said "it's not that you don't have a case, it's just not the kind our office takes on."
I wish I had the money for a constructive dismissal case, I think that was it really. Let's get this stressed out woman into placements she can't handle, let's not let her have her good med - she's outspoken and the kids and academic teachers love her. This is making the text-crazy stand there for a supplemental paycheck and talk about their toddlers staff, and our district program look bad!!
