The school district’s Rule 12(b)(6) motion in this case challenged the ability of a former teacher to bring an employment discrimination claim under Title II of the Americans with Disabilities Act (ADA). Slip op. at 7. After a tumultuous stint at Connally High School that ended in his emergency commitment to a psychiatric hospital, Tran and the school district reached a separation agreement. Id. at 4. From the few details available in the complaint and briefs, Magistrate Judge Austin assumed the agreement released a number of claims, but not the ADA Title II claim at issue. Id.
Title II of the ADA is the vehicle for disabled persons to challenge public entities whose facilities or programs are inaccessible. Slip op. at 5 (quoting Melton v. Dallas Area Rapid Transit, 391 F.3d 669, 671-72 (5th Cir. 2004)). The circuit courts are split on whether an employment discrimination claim may be asserted under Title II and the Fifth Circuit has not reached the issue. Id. at 8. Magistrate Judge Austin concluded the majority view—that Title I was the exclusive remedy for employment discrimination—was more persuasive, and he recommended therefore that Judge Yeakel dismiss Tran’s claims. Id. at 9-10.