Jacqlyn Smith v. Clark County School District

Jacqlyn Smith appeals the district court’s order granting summary judgment in favor of Clark County School District on Smith’s claims for disability discrimination and failure to accommodate under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213 . See Smith v. Clark County (Smith II), No. 2:09-cv-2142, 2011 WL 4007532 (D.Nev. Sept. 8, 2011) (unpublished). Smith argues (1) that the district court abused its discretion by granting the School District’s motion for reconsideration of its initial order denying summary judgment; and (2) that the district court erred by granting summary judgment under Cleveland v. Policy Management Systems Corporation, 526 U.S. 795 , 119 S.Ct. 1597 , 143 L.Ed.2d 966 (1999). We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part and reverse in part.

I

Smith worked in the Clark County School District from 1992 to 2008. She first taught elementary school. But in 2001, Smith had a báck injury that limited her mobility and led her to pursue a less physically demanding job within the school setting. Literary specialist fit the bill. Literary specialists train and assist elementary school teachers with teaching…