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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Education Law
Satisfied Customers: 41221
Experience:  Experienced Education Law Attorney
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I am a special education teacher in California. I am currently

Customer Question

I am a special education teacher in California. I am currently on Worker's Comp because a student assaulted me. I have an injury to the shoulder. I hope to be recovered by the next school year. I am also certified in general education. I have asked my principal to assign me to a general ed first grade classroom. She is refusing to do so. I think that she has someone else in mind for the position. She has stated that she wants someone with more mobility than I have who can walk around the classroom and utilize certain teaching strategies. I actually love the strategies that she prefers! There is no physical reason that I can not teach in this class once I am released by the doctor. The chances of re-injury are high in the special day class. Do I have a RIGHT to be transferred to first grade? I have actually been teaming with the first grade teachers for the past three years. The current teacher is moving out of state and the opening has not yet been advertised for in-district transfer.
Submitted: 2 years ago.
Category: Education Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am truly sorry to hear that you were injured, and I hope that you are able to fully recover.
Having said that, you do not have a RIGHT to be transferred to first grade--the principal is free to make a determination based on the best interests of the school. What you can request as someone who was injured is the right for 'reasonable accommodations' and ask that the district assist you with your care, but you are not entitled to a whole new position even if that position may be a better fit. What you can do instead is contact your superintendent, explain your unique circumstances, and state that such a fit would be a better reasonable accommodation for you. Under that basis perhaps the district would move you, but it is still not a right but would be done at their discretion.
Dimitry, Esq.