The suit contends that the Illinois Mathematics and Science Academy illegally expelled the boy because the conduct he displayed during the transaction was "likely a manifestation of his disability."
The school nurse was well aware of the boy's condition because that individual was responsible for dispensing the boy's medication.
Although the boy "admitted that he received several bags of chips/Cheez-its and/or $3.00 payments" for the ADD medication, he said the reason he made the sale was to "to help his fellow student do better in school."
The lawsuit is seeking a restraining order and injunction preventing the school from expelling the boy due to his disability.
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