Accomodating students with special needs

11 May

As with many employment law issues, the courts seem most impressed and swayed by a company's earnest efforts to resolve problems as early as possible.

To date, the courts have routinely held in favor of employers who, despite good faith efforts, have not been able to accommodate the employee.

TEA accessibility policies may apply to any student taking STAAR or TELPAS depending on his or her needs and whether or not the student meets the eligibility criteria, if applicable. Within each category are links to policy documents that provide more specific information.

To view or print out the accessibility policies as one file, use the following link: 2018 Accessibility Policies For designated supports requiring TEA approval, the appropriate team of people at the campus level determines whether the student meets all of the specific eligibility criteria and, if so, submits an Accommodation Request Form to TEA.

A change in the extent of the Act is possible, but not imminent.

Given the present parameters of "disability," employers should be aware of the ADA's legal ramifications in their employment practices.

ADA Buzzwords The ADA applies to all companies with 15 or more employees as well as all state and local governments and agencies.

(A motion for summary judgment is made at the end of the discovery period, after the parties have engaged in depositions, interrogatories, and document production.) Summary judgment is granted by courts only when the material facts are not in dispute, and the employer is entitled to win "as a matter of law." The courts' willingness to grant summary judgment motions is a good sign for employers.

Educators must read and understand the information in the links below prior to submitting an Accommodation Request Form to TEA.

The Accommodation Request Process (PDF) guides district and campus personnel in the process for requesting designated supports.

The Training Document (PDF) outlines the steps to take when completing an Accommodation Request Form in the online system.

It is recommended that all educators completing the online Accommodation Request Form review this document prior to submitting the form to TEA.