The administration said it was trying to find a solution. The school had a small restroom in the first floor Special Education area, but eliminated it because it needed the space to put in a ventilation unit.
Until the union raised the issue, albeit a self-serving one, the ADA was considered just to be a set of "suggestions" and not federal requirements.
The School Board, without comment, unanimously rejected the union's grievance.
The union could have appealed. This would have brought in a mediator or arbitrator. It could have led to the Pennsylvania Labor Relations Board looking at the contract and determining if there was a violation. It could have led to expensive court action. But it didn't.
The union withdrew its grievance, having made its point that the administration was in violation of the ADA and, thus, reaffirmed its right to have separate but equal restrooms.
Sometimes, it's logical for all parties to agree to make an exception to a contract, and for both parties to work together to seek a reasonable solution, one that protects the rights of all with disabilities--students, staff, and faculty.
This is one of those times.
[Dr. Brasch is an award-winning journalist and the author of 20 books. His latest book is the critically-acclaimed Fracking Pennsylvania: Flirting With Disaster.]
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