X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Kathleen O’Hara (“Plaintiff”) brings this Action against Defendants Board of Cooperative Educational Services, Southern Westchester (“BOCES”) and certain of its employees: Dr. Harold Coles, District Superintendent (“Coles”); James Gratto, Assistant Superintendent (“Gratto”); David Pulley, Assistant Superintendent (“Pulley); Lisa Schuchman, Director of Special Education (“Schuchman”); and John Knight, Title IX Officer (“Knight”).1 Plaintiff alleges violations of the Fourteenth Amendment; Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e et seq.; and Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12111, et seq., claiming that Defendants discriminated and retaliated against her based on her purported disability. Before the Court is Defendants’ Motion To Dismiss the Second Amended Complaint (the “Motion”), pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Not. of Mot. (Dkt. No. 36).) For the reasons discussed below, the Motion is granted. I. Background A. Factual Background The following facts are drawn from Plaintiff’s Second Amended Complaint (“SAC”) (Dkt. No. 31), exhibits attached thereto, and other matters of which the Court may take judicial notice, and are taken as true for purposes of the instant Motion. “New York Education Law §1950 permits supervisory school districts in New York State to create boards of cooperative educational services…for the purpose of distributing the cost of certain educational services among school districts.” Gorton v. Gettel, 554 F.3d 60, 61 (2d Cir. 2009).2 BOCES, one such board, is based in Rye, New York. (Second Am. Compl. (“SAC”) 8 (Dkt. No. 31).) All Individual Defendants are officials of BOCES. (Id.

8-9.) In October 1988, Plaintiff began employment with BOCES as “a full-time Teacher of the Speech and Hearing Handicapped (“TSHH”)” in a school administered by BOCES. (Id. 10.) Plaintiff was employed by BOCES for over 28 years, during which time she provided “speech and language therapy to lower functioning children” and developed a specialty in “designing and adapting augmentative communication systems for nonverbal students.” (Id. 18.) While employed by BOCES, Plaintiff continued her professional development, earning a New York State clinical license as a speech and language pathologist, a Certificate of Clinical Competence (“CCC”) from the American Speech and Hearing Association (“ASHA”), and a Certificate in Assistive Technology. (Id. 11.) Until approximately 2011, Plaintiff received “favorable performance evaluations for her work.” (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›