In the Rearview Mirror: 2010 in Review


Part II Employment issues, as promised, comprise a portion of Part II of this year-end review.


By Peggy A. Burns, Esq.


But some significant cases involving non-disabled students were decided in 2010, so I’ve included a few of the more instructive judicial decisions in that category as well.


DISABILITY-DISCRIMINATION IN EMPLOYMENT Americans with Disabilities Act (ADA) protection only for qualified employees. Al-


though 2008 changes to the ADA favored employees rather than employers, an August case in Ohio is a reminder that employees cannot succeed in a claim of disability-based discrimination unless they are qualified to do the job – including having a CDL. Te Buckeye Valley School District was in desperate need of school bus drivers. It


had previously obtained waivers from the state for three drivers who were missing a limb. Rosebrough was born without a left hand, and the district began her training when she received approval of her waiver request from the state. Te person who was supposed to administer the CDL test was unable to find a substitute for her route and cancelled the test. Rosebrough was unsuccessful in an attempt to get licensed in another school district


and did not follow through to reschedule a test with Buckeye. Instead, she claimed that the district prevented her from obtaining her CDL. In Rosebrough v. Buckeye Valley High School (OH), a federal court found no evidence of such prevention and dismissed her claim under ADA because she was not qualified to drive a school bus without a CDL.


62 School Transportation News Magazine March 2011


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