UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

ELAINE CHILDERS,

Plaintiff-Appellant,

v.

KANSAS UNIFIED SCHOOL DISTRICT NO. 457,

Defendant-Appellee.

No. 05-3380

(D.C. No. 04-CV-1168-JTM)

(D. Kan.)

ORDER AND JUDGMENT*

Before PORFILIO, BALDOCK, and EBEL, Circuit Judges.

Elaine Childers appeals the district court's grant of summary judgment in favor of the Kansas Unified School District No. 457, on her claim that, after the school district found out she is an insulin-dependent diabetic, it terminated her employment as a school bus driver and denied her a transfer to another position, in violation of the Americans with Disabilities Act (ADA). On appeal, Ms. Miller contends that

[w]hen an ADA plaintiff has alleged a defendant terminated her for a health-connected reason such as becoming insulin-dependent [then] the employer ha[s] a duty to commence the ADA's interactive process to assist the employee in seeking ways the impairment can be accommodated by reassignment to fill available positions for which the plaintiff's skills and work experience show she is qualified.

Aplt. Br. at 1.

Our jurisdiction arises under 28 U.S.C. § 1291. We review de novo the district court's grant of summary judgment, applying the same standard as that court under Fed. R. Civ. P. 56(c). Simms v. Okla. ex rel. Dep't of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir. 1999).

Having reviewed the briefs, the record, and the applicable law pursuant to the above-mentioned standard, we hold that Ms. Childers has not identified any reversible error in this case. We therefore AFFIRM the judgment of the district court for substantially the same reasons stated in its order dated June 30, 2005, Aplt. App. at 91.

Entered for the Court

Bobby R. Baldock

Circuit Judge