In an action against a military institute for denying Plaintiff admission based on her disability, summary judgment for Defendant is affirmed, where having an individualized education program under the Individuals with Disabilities in Education Act does not automatically establish a disability under Section 504 of the Rehabilitation Act and the ADA.
Filed July 10, 2009
Opinion by Judge Tymkovich
Gail Stewart, Steven Granberg, P.A., Albuquerque, NM
John F. Kennedy, Cuddy & McCarthy, LLP, Santa Fe, NM