Law Offices of H. Jeffrey Marcus P.C.
Thursday, July 16, 2009
10th Circuit rules that eligibility under IDEA does not necessarily make a student eligible under 504
Ellenberg v. New Mexico Military Institute, 2009 WL 1977486 (10th Cir. 2009): According to the 10th Circuit Court of Appeals, eligibility for special education and having an individualized education program under the IDEA demonstrates a child's disability, but not necessarily that the disability “substantially limits” the major life activity of learning. Therefore, IDEA eligibility does not necessarily yield 504 eligibility.