• Resource Guide Home
• Legislation and Policies
  • What Laws Might Apply?
  • Other Employment Laws
  • Roles & Responsibilities
  • Resources: Legislation
• Identification of Accommodations
  • Workplace Assessment
  • Types of Accommodations
  • Implementation
  • Resources: Programs
  • Resources: Funding
• Motor Impairments
  • Getting Around
  • Communicating
  • Reading or Writing
  • Managing Work and Time
  • Using a Computer
  • Working in the Lab or Field
  • Case Example
• Vision Impairments
  • Getting Around
  • Communicating
  • Reading or Writing
  • Managing Work and Time
  • Using a Computer
  • Working in the Lab or Field
  • Case Example
• Communication Difficulties
  • Getting Around
  • Communicating
  • Reading or Writing
  • Managing Work and Time
  • Using a Computer
  • Working in the Lab or Field
  • Case Example
• Cognitive Impairment
  • Getting Around
  • Communicating
  • Using a Computer
• Resources: Technical Assistance
• Research Findings

Module 1: Legislation and Policies

Roles and Responsibilities

The reasonable accommodation process typically involves the employee asking for an accommodation, a joint review of accommodation options, and then implementation.

Requesting Accommodations

The teacher requests an accommodation.
Typically a teacher will initiate the reasonable accommodation process by asking for an accommodation. A teacher is not required to disclose that he or she has a disability, but legally can expect accommodations only if they are requested. The request does not need to be in writing, though some teachers have recommended that approach to make the request more formal.

An employer may initiate discussion.
An employer may start the process if a teacher has an "obvious" disability. For example, if a teacher uses a wheelchair, a school administrator may approach the teacher to ask about changes that might need to be made to the school emergency evacuation procedures.

A teacher may ask for an accommodation at any time.
Accommodations may be requested during the application process, immediately after being hired, or at any time while hired. Employers are not supposed to consider disability status in making hiring decisions. Still, if an applicant has a visible disability, an interviewer may have concerns about whether a potential teacher can perform the essential functions of the job. If a teacher has a visible disability, he or she may want to highlight how he or she has successfully performed similar job tasks in the past (e.g., during student teaching), which may include references to the accommodations that were used. However, unless accommodations are needed for the application and interview process, most people recommend that accommodations not be requested until after a job offer has been made.

An employer can not ask about an individual’s disability during the job application process.
Disability status is not supposed to be a factor in hiring decisions, and to ensure that it is not, employers are told not to ask questions about disability status or accommodations used. An employer may only ask whether an applicant can complete all of the essential functions of a job with or without accommodations.

Accommodations may be requested on more than one occasion.
Accommodation needs may change over time due to changes in the teacher’s limitations, changes to job tasks, or changes in technology. A teacher may make requests for new accommodations as these changes occur.

Determining and Implementing Accommodations

Both the employee and employer should be involved.
The teacher understands what tasks he or she may have difficulty performing and may already have ideas for possible accommodations. A teacher may request specific accommodations. The employer, however, has the right to make the final decision about which accommodations to provide, as long as they are effective. Since a teacher’s and employer’s ideas about accommodations may differ, negotiation is needed to come to a solution that both parties will find acceptable.

A teacher may be asked to provide medical documentation of a disability.
Medical documentation may be needed both to show that a teacher warrants accommodations under the ADA. This information may also be needed as part of the assessment process -- to determine a teacher’s functional limitations and what accommodations may be appropriate.

The employer must maintain privacy.
Employers are required to keep medical records and accommodation information confidential. This includes not only keeping files secure and confidential, but also limiting discussion of accommodation among outside parties. For example, if a teacher with a visual impairment is participating in a workshop, a school administrator may mention that he or she will need electronic copies of the handouts, but should not provide further details about the colleague’s disability.