A teacher had been working at a school district since 1986. In 2012, she took medical leave due to complications arising from diabetes. The following school year, she was written up on multiple occasions for sleeping in the classroom during instructional time. The teacher admitted on her PDAS self report form that one area of professional weakness is that she repeatedly fell asleep in class. She also stated that several of the medications that she was taking had warnings that they may cause drowsiness and that she had been working with her doctors to adjust her medications. However, she did not notify her doctor that she was falling asleep at work.

The district proposed the termination of the teacher’s contract and the teacher requested a hearing. After the hearing, the board of trustees voted to terminate the teacher’s contract. The teacher appealed that decision to the commissioner of education. The commissioner upheld the termination. In doing so, he noted that the teacher had been given three written reprimands regarding sleeping on the job over a four month period, that multiple teachers and staff had witnessed her sleeping when she had been supervising students and that she did not attempt to fix the problem by seeking medical advice from her doctor regarding the cause of her drowsiness.