Last post Sat, Jan 12 2008 8:48 PM by Nightengale. 1 replies.
I'm going into the teaching profession and I wondered what the law was reguarding public schools. One district I know of built 2 new buildings and they have stairs. Yes they have an elevator but I being staff cannot take 20+ kids with me on it so yeah I get to go down stairs. And the kids can't be trusted to go down by themselves (elementary) and besides I'm resposible for them so if I weren't able to supervise on the stairs and something happened yeah..... I would be in trouble. The old building had ramps (They weren't to code but WAY better than stairs.)
I can understand in some of the building that are like 100+ years old but new buildings? I don't get it.
How is it that they allow acess for students but not staff (I'm blessed with the ability to use crutches but what about those who can't?)
Anyone know what the law is?
There's two parts to the law here. One is structural accessibility. The other is resonable accomodations and essential functions of your job.
Structural accessibility - the building has to be accessible. The classrooms have to be accessible. Events have to be held in accessible locations or moved from part of the building/campus that is inaccessible to a part that is accessible. Etc. So if the building has an elevator, and otherwise follows the ADA published building codes, it is probably legal. Not all buildings can be built without stairs. Sadly.
Reasonable accommodation and essential funcitons. You have to be able to do the essential functions of your job with or without reasonable accommodation. Is walking the students to class an essential function? The school might try to argue that it is. But I think there is a reasonable argument that it is not. Academics definitely are. Classroom discipline probably is. But - a paraprofessional could probably come walk the kids to their next class. Or the music teacher or whoever could pick up and deliver just your class. Or a parent volunteer. Or a local high school student volunteer.