Former Clearview teacher sues district for not accommodating disability

ELYRIA — A former Clearview Schools teacher filed a lawsuit in Lorain County Common Pleas Court on Monday, alleging the schools discriminated against her protected disability and forced her into disability retirement in 2015. Kristen Pascoe, of Sandusky, is seeking more than $25,000 in damages including compensatory damages, back and front pay, noneconomic damages for suffering and emotional distress and punitive damages. The case is assigned to Judge Christopher Rothgery's court. In her lawsuit, which cites the Ohio Civil Rights Act, Pascoe said she suffers from chronic fibromyalgia that arose in 2009 following the birth of her son. The disease is recognized as a disability under the law, she argued. Pascoe said she was hired in April 2008 to teach a family consumer science class at Clearview High School. Her evaluations were "excellent" between 2009 and 2013, she wrote. She went on disability retirement in January 2015. In March 2009, Pascoe began experiencing migraines, fatigue, pain and problems concentrating and was treated at the Cleveland Clinic. In 2014, a doctor recommended she limit her physical activity and stress to help control her condition. In January 2014, Pascoe said she approached her principal about her medical issues and was asked to put together a plan for class accommodations. Pascoe submitted the plan but Superintendent Jerome Davis denied her request "without discussion or explanation" in June 2014, according to her lawsuit. After Clearview's Board of Education meeting on Monday evening, Davis said he was unaware the case had been filed and denied being superintendent at the time Pascoe left the district. He took over as superintendent in March 2013. "When she left, I was not superintendent at that time," he said. "I worked in the district but I'm not aware of everything that's going on." Administrators agreed to give Pascoe use of her own classroom, an aide or student help to put away supplies and parking accommodations after a union attorney set up a meeting with administrators prior to the beginning of the 2014-15 school year. However, Pascoe said other requests were denied or promised but fell through. Pascoe also alleged her scheduled teaching load increased in 2014-15, which reduced her preparation time for class, because of "high demand for her lab-based classes." She also alleged her budget was cut 50 percent only a few weeks into the school year. Pascoe exhausted both her paid sick leave and Family and Medical Leave Act time, after which "Clearview was unwilling to provide any further accommodation or support to permit her to return to the classroom," according to the lawsuit. Pascoe also allegedly was denied her request to transfer to one of three special education teacher openings the district had, despite being "license ready," and was "only offered an interview for these positions once her union representative threatened Clearview with a grievance," according to her lawsuit. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him @daveobrienCT on Twitter.