Legal Question in Disability Law in Pennsylvania

Does ADA protect teachers?

I am a special education teacher who feels my department is being discriminated against by the principal. For the past three years under his supervision, the special education teachers in my building have been given extra ''duties'', have been refused the use of school facilities available to regular education teachers, been denied paperwork time and testing time afforded to the regular education and Title 1 teachers, and have been given an all around hard time trying to enforce the conditions of the IEPs. I personally have worked in other buildings with this district and have never been treated so poorly. I really feel he retaliates against us because he HAS to do things according to the law. Does ADA protect people who work on behalf of people with disabilities?


Asked on 9/30/06, 10:30 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Does ADA protect teachers?

You asked if you have rights with regard to the Americans with Disablities Act as an educator of the disabled even though you are not disabled.

The answer is an unqualified yes. Read the text of the ADA and the material provided by the government agencies charged with enforcing it. The ADA actually is comprised of a number of laws, so the analyses help make sense.

You have protection as an associate of disabled persons and also can act on behalf of the disabled. My first suggestion would be to begin by documenting everything in a journal if you have not already begun doing so.

Next you should consider whether this is a fight you can make on your own or will need the assistance of counsel. You have significant exposure in either case and you must have a strong constitution to pursue this matter. But it is the right thing to do. If you proceed on your own begin with the internal ombudsman, compliance officer or legal officer for the district.

In the alternative hire an attorney to represent you. this route is not cheap but legal fees MAY be awarded if you prevail. Though there are many circumstances where such an award may be short circuited.

Depending on where you are located I would be happy to discuss this matter with you.

Good luck to you and regards,

Roger Traversa

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Answered on 10/02/06, 2:41 pm


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