next case on the calendar is jackson being new york city department of education summary judgment to to the district court in our position dismissing because there were several significant questions of fact that were presented that a reasonable jury would be able to resolve the issues it's on during the americans with disabilities act and also an employment discrimination claim that her miss jackson's  civil rights were violated she has cerebral palsy she asked for specific reasonable accommodations that were not given to her she was blatantly discriminated against got one that was an elderly woman that had less ambulatory able to less ambulation then she had and then she she asked for a second one because under the law she's supposed to have one to assist her and one to assist the classroom where you know to control the classroom because she can't move around a lot sometimes the children get rambunctious and that other power professional supposed to help with the children then when she expressed her concern to the principal who were alleging discriminated under the disability act she gave her a gentleman who was a nice strong strapping gentleman and he worked in the school i and what the principal did was take him out of the classroom adequate is our contention because they were appalled and now of the classroom which which caused problems in the classroom because my client couldn't move around a lot she also asked for accommodations to be put in a lower grade a pre k and kindergarten because those children are easier to control and she did well in those classrooms and according to the school policy you could ask for a preference you know if you did you know without a reasonable accommodation and you would get it like every third year she ask case or whether one looks at it as the explanation for everything that was done everything that was done seems to have nothing to do when what is a real disability has to do with every she had by grains we've all sorts of things which were not his abilities under view and kept trying to follow him seriously hurt her disability is that she couldn't move around she couldn't she needed these people to help control the classroom she'd need it because it was the essence of her disability that impeded her other principal has abided by giving her the team paris is giving her the lower grades and she hasn't had a problem since those those who could comment did chance she needed to perform her job duties adequately in the mainstream the other thing was the the higher grades are up on different floors the higher the grade the more the staircase and she couldn't make the staircase she asked  she she was and have to time the elevator was broken so then she would have to go up to the steps if she was late because she had to walk up the steps and fight the other says she gestured to the broken elevator was where i'm saying that you have to do you have a disability and you have a person asking to use the elevator that elevator should have been working order i mean it's just the combination of all the accommodations yes that was the same principal that we're alleging has been discriminating against her and his her assistant principal and you know i know they they say they didn't even go into the  mean the best i could the best i could understand that is when they were discussing the lax last some playing the these principle and this is system principle went through the power professionals and communicated with them and did not communicate with the actual teacher in the classroom which was my client that's the best way i could understand it basically every time she was five minutes late because she couldn't walk properly like everyone else she she was more tardy if she paid if she made it hadn't she has various medical appointments she didn't ask for extra or anything but if the doctor appointments were made on a friday or monday she was accused of trying to take a long weekend it's not the one thing it's the whole umbrella that can't be looked at in a vacuum please the court janet zaillian for the d o b the court has expressed understanding through its questioning that this the circumstances that are alleged by the plaintiff are not related to her disability a very young child which couldn't really take care of and then a couple of years later a similar thing happened work child was left unattended in a small child the teaching  deficits that were noted were things including things like lesson planning which is not just attributable to the lack of a para in the classroom at the time of the observation because that has to do with the plaintiff there or evidence to support l a geisha like intermittent use of the parent she received a pair every time that since she first requested one  notably the principal granted her tenure after that first request for a para because that was during her probationary period so the same person hired her granted her ten year did make accommodations a one point mistakenly thought that she to reapply for para that was not true so she was getting the para there was she moved her clit the classroom down to a lower floor when plaintiff was assigned to teach second grade and allowed her to use the elevator and it just through elevators to break and allowed a parent to his court the children on the staircase so that she would not have to try to control the class on the staircase the the principal didn't wasn't perhaps a pleasant person for her to deal with as a new teacher starting out in her first assignment but the principal did not discriminate based on her disability all these actions are legitimate teaching related and safety related actions and just a few minor point well major points the two incidents with the young children was one that a grandmother came to take heart her grandchild and the friend to home and the grandmother point picked out this student who was not the right student and yes my client let the grandmother take that student and the second one was a little boy who always had the tendency to hide in a closet at once time did so but there was another and they did a head counts on the way out and  i'll take it under on submission