Teacher drops lawsuit against Nevada R-5 School District

The question of whether depression is covered by the Americans with Disabilities Act will have to be decided at some future place and time.
That question had been at the center of veteran schoolteacher Lisa Hubler's wrongful dismissal lawsuit against the Nevada R-5 School District, which she voluntarily dismissed today.
Ms. Hubler's decision came only hours after a federal judge refused her request to delay her deposition for at least 30 days because she was "not in an emotional condition to be deposed." That deposition was scheduled for today. Had she failed to appear, the decision, which was filed in U. S. District Court for the Western District of Missouri indicated, she risked having her case dismissed by the court and not being able to file it again.
By dismissing it herself, she has retained the right to file the lawsuit again.
In the suit, Ms. Hubler claimed she was wrongfully fired by the Nevada R-5 School District because of depression-related problems.
According to her petition, Ms. Hubler was hired by R-5 Superintendent Ted Davis on April 14, 2000. to teach first grade students in the district's Reading Recovery program. Previously, she taught fourth grade for 10 years in the North Kansas City School District.
From Oct. 9 to Oct. 20, 2000, the lawsuit said, Ms. Hubler was given two weeks of paid sick leave to deal with the onset of depression symptoms. The school offered her a reduced work schedule for three weeks after her leave, then she returned to working full time.
On Feb. 20, 2001, the lawsuit said, the principal, Debbie Spaur, and director of special services Geraldine Johnson "confronted plaintiff with allegations that she had abused her sick leave in October of 2000." Ms. Hubler was told that her trainer from Southeast Missouri State University Carrie Kleinsorge had reported that Ms. Hubler was not doing well in the reading recovery program. "Plaintiff was told that there was concern about her medical condition and her ability to do the job."
At the end of that meeting, Ms. Hubler was told she needed to decide whether she wanted to continue at Bryan Elementary. "The implication was clear that Principal Spaur and Director Johnson wanted her to resign. She asked if she was being told to quit." She was told it was up to her and that if she stayed job target goals would be set for her.
The next day, Ms. Hudler called Ms. Kleinsorge who told her that she was doing fine and expressed surprise about what the school officials said.
Ms. Hudler then spoke with the superintendent who told her her absences had "hurt her chances for a contract renewal."
The principal had also told Ms. Hudler there had been a parent complaint about her, according to the lawsuit. After talking with the parent, she said, it became apparent that was not the case.
On March 2, 2001, Ms. Hudler's psychologist prepared a request for medical leave for the rest of the school year. Ms. Hudler's husband told school officials she could return to work with proper accommodations and that she could not work due to the hostile work relations with the principal and Ms. Kleinsorge.
On April 12, 2001, Ms. Hudler received a letter telling her her contract would not be renewed.
Ms. Hudler claims that she was discriminated against because of her disability and that her civil rights were violated.
In documents filed with the court, school officials denied Ms. Hubler's claims.