please the court lorenzo to sylvia on behalf of the pelleas i'd like to make a few comments with respect to each of us brown's two claims and i'll begin with her failure to accommodate claim here in the accommodation that brown specified teaching  rd th and th graders in the same school it would not have affectively address that barrier namely her getting sick and missing class due to a compromised immune system that prevented her from performing the essential functions of her job which is not there was not any absence that prevented her from performing the functions of her job that is what the disciplinary determination concluded with respect to her claim that disability not h ineffectiveness motivated her term a nation but in this case we're saying that she came to the school and said i have a compromised immune system i'm getting sick from germs from kindergarten st and nd graders where she was a cluster teacher going from classroom to classroom teaching those gray it's she's that these germs are causing me to be sick and missing school please could you accommodate me by allowing me to change rd th and th grade on the merits that under the federal statute saying that you have the right to an accommodation and shouldn't say that anyway because if she's got a serious physical condition maybe she can do her job adequately  excessive amounts of school or at least they won't fire her even if she it's not about that but she's getting sick all the time and if she's got a condition that leads to her suffering on the job and somebody who didn't have that can do good gailey go on teaching st graders isn't that a valuable freestanding accommodation claim having nothing to do with whether and why she got fired a couple points in response to that your hon st judge prescott was correct that it's not the case that the department of education did not provide any accommodation for miss brown she took a leave of absence for two years from a believe twenty two thousand and eleven dollars she took half an hour late intermittent leave starting in december of tw fourteen and we submit that it was only in october th and by that point she'd already been transferred to another school pending the conclusion of the discipline terminations that she in fact asked for the accommodation she seeks and so there are all kinds of reasons now if she had come in with evidence medical evidence that and perhaps her own statements look i keep getting sick and this is so when i get in the classroom i'm just i'm not at my best and therefore i get my with the word incompetent was used but something akin to that therefore i say that's what made me essentially fall into the funk that i was in and not be able to to meet the requirements but if i had been less exposed as i would have been and by teaching rd th graders because i didn't have to be in such close contact with them i would have been in that position if that hit if that evidence were in there you have a problem are you referring to her disability discrimination claim or failure to accommodate claim well i'm tying a failure to accommodate claim incompetent teacher but because i'm sick and she pressed the argument in an article seventy five saying they penalize me for legitimate medical concerns but turning back to the accommodation issue because it's a fact specific and case by case analysis we really have to look at what she asked for she wanted to stay a cluster teacher so she'd be moving from classroom to classroom in the school but she only wanted to teach rd th and th graders under the theory that she would be exposed last to germs and get sick  the position of the of the department of education is students have germs they share those germs with others in the classroom that includes the teachers so even rd th and th graders could risk an issue with respect to miss browne's compromised immune system and moreover there's no dispute that there were kindergartners st graders and nd graders that she would be passing in the hallways as she moves from classroom to classroom in her capacity as a cluster teacher so she just didn't ask for an effective combination and regarding her disability discrimination cla