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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32596
Experience:  Began practicing law in 1992
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Hello, I am an online college instructor in Texas. I was

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Hello, I am an online college instructor in Texas. I was informed just prior to the end of the spring semester that I would have a deaf student sign up for my class. I was then informed that I needed to provide a transcript for any narrated lecture presentations or videos that I provide to my class. None of the lecture presentations or videos that I provide are required. The same content, although perhaps written slightly differently is in my notes. I was never informed of this need before actually having a deaf student sign up for my class. In fact, students who have taken my face-to-face classes were provided with an interpreter, so I assumed that the same would be true of my online classes.

I have been informed that I either needed to remove the audible portions from my lecture presentations and remove any videos, because it provided an unfair advantage to the hearing, or provide a written transcript. I explained that the requirements for my class were made available in my written note, but that the videos simply provided a reinforcement for those who learned either auditorily or visually. I was told that this was unfair. What I think is unfair is that I have taught for 15 years and I have only had one deaf student. I don't see why I should have to "WRITE" out the same information twice when the goal was to provide the written, auditory, and visual methods of learning that we, as educators, have been pushed to provide. I have been sitting at my computer for days and hours upon end trying to transcribe everything, when I wasn't told that I needed to do it in the first place and I am not receiving any additional pay. I thought this was the job of the disability services in my school. Could someone please clarify what my responsibility actually are?

Please forgive the frustrated tone in my questions. I am just tired of sitting here for days upon end trying to accomplish this when I also have a three-year old son who is begging for my attention.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Do you work under a written contract?

Customer:

Yes, I do.

JD 1992 :

Does that contract define the work you are supposed to do? In Texas, employers can change job duties on a whim unless a written contract says something different so we have to look at your contract for a solution.

Customer:

I am afraid that I don't know. I sign a contract based upon pay on a yearly basis. There are several updates to the personnel handbook, but I have not seen any related to disabilities.

JD 1992 :

Unless there is a specific definition of your duties under the written contract and that definition does not include this work then you would be required to do it. Conceivably they would owe you additional compensation but you would still have to perform the work.

Customer:

I would not have minded doing the work, but it would have been nice to know that this would be a requirement upon having a deaf student enter the class. I was informed of the requirements UNTIL that happened and then I was left in a huge crunch to become ADA compliant. I know that most other instructors are not compliant and are not aware that they aren't.

JD 1992 :

It is unusual for the school to require the teacher to do this. Usually they provide the materials in a compliant manner.

Customer:

It would be nice to find out about the additional compensation. I worked from 3:30 a.m. to 6:30 p.m. yesterday and from 6:00 a.m. to 6:00 p.m. today. I suppose Texas is unusual and not necessarily in a positive way. Thank you for your help.

JD 1992 :

Texas is one of the worst states as far as employee rights. The employer can change your schedule, change your duties, and even change your rate of pay at a whim (absent a contract).

Customer:

My mistake! meant 12:30 a.m to 6:00 p.m. today, but that is irrelevant. I should have gone for law instead of biology! Thank you again:)

JD 1992 :

You're very welcome and best wishes to you!

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Customer:

Thank you. Yes, it is very clear that Texas is one of the worst state in many respects. I will give you the best rating. Have a wonderful evening:)

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