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Advanced Section 504 Training - Fagen Friedman & Fulfrost

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Important Considerations:<br />

Reconsidering Eligibility<br />

The court noted that the ADA Amendment Act<br />

expanded eligibility as of January 1, 2009, to<br />

include students whose impairments substantially<br />

limit their reading, thinking, or concentration.<br />

The district claimed it planned to reconsider the<br />

student's eligibility in light of the amended ADA,<br />

however, the court rejected the district's request to<br />

dismiss the parents' lawsuit because the meeting<br />

to reconsider Zachary's <strong>504</strong> eligibility had not yet<br />

occurred.<br />

Zachary M. v. Evanston Township High Sch. Dist. (N.D. Ill. 2009) 53 IDELR 21.<br />

51

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