We have an update to a story we first brought you back in October, regarding the school bus driver who refused to transport a student with a peanut allergy.

The driver now plans to sue the Union North United School Corporation for wrongful termination.

That motion passed unanimously Thursday night.

Driver Kelly Carrico is a contractor who owns her own bus, but her insurance doesn't cover liability for assisting kids with medical emergencies.

Carrico offered to simply adjust her contract by assigning the street where that child lives to another school corporation bus, and taking a corresponding pay cut, an offer which Carrico's attorney says makes sense.

Vincent Campiti, Carrico’s attorney, explains, “When I asked the Superintendent why that's not feasible, his response was, well, it's not cost-effective. And what it turned out, after 45 minutes of questioning, was that, in fact, all it adds to the person who's been operating that particular route since October is 1.1 mile each way.”

In response, the school corporation tells NewsCenter 16 that it isn't that easy, and that segregating any child based on disability violates Civil Rights Law.

The corporation had also offered to switch Carrico from a residential route to a highway route, but with no change in pay.