An Idaho special ed teacher had taught for a school district for 10 years. And, her struggles with depression and bipolar disorder had not interfered with her teaching. Not until, that is, it came time to renew the teaching certification that the state school board required. That’s when everything fell apart.

What happened. “Jackson” taught in the Boundary County School District. The school board required all public school teachers to be recertified every 5 years, a process that involved 6 semester hours of professional development, including at least 3 of them for college credit. But the summer before her certification was set to expire, at the beginning of the 2007-08 school year, Jackson had had a major depressive episode. The result was that, by fall, she was still short the 3 hours of college credit for renewal.

She petitioned the district’s board of trustees, which included a hearing with her attorney, to renew her contract provisionally for 1 year, to allow her to make up the missing credits. Trustees, however, pointed out that she’d had 5 years to get the 6 hours’ credit, and they were not sympathetic. They also noted that the provisional arrangement was intended to allow schools to hire uncertified teachers when no certified candidates were available. In Jackson’s case, there were two certified special ed teachers available. On appeal, trustees didn’t change their stance, and a different special ed teacher was hired.

Jackson sued the board, lodging many charges. Her primary claim was that because her disability prevented her from getting the credits, trustees had violated her rights under the Americans with Disabilities Act (ADA). A judge in federal district court heard her case but ruled entirely in favor of the trustees. Jackson appealed only the ADA charge to the 9th Circuit, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

What the court said. Under ADA, judges said, Jackson “first must show that she is a ‘qualified individual’ with a disability.” They agreed with trustees and the district judge that Jackson was physically and mentally capable of performing the functions of a special ed teacher, with or without accommodation. But the second prong of the qualified test was recertification, which did not include the possibility of accommodation for her disability. So she lost her case again. Johnson v. Bd. of Trustees of Boundary County School District No. 101, U.S. Court of Appeals for the 9th Circuit, No. 10-35233 (2011).

Point to remember: In simpler terms, Jackson would have been ‘otherwise qualified’ if she’d been certified.

Complying with the Americans with Disabilities Act can be confusing and difficult for even the most savvy HR practitioner. The ADA Compliance Manual provides detailed answers to some of the most complicated issues that HR practitioners face.