ON PETITION FOR REHEARING AND REHEARING EN BANC

The Petition for Rehearing is GRANTED. 1 Our prior opinion is vacated and withdrawn, and this opinion is substituted in its place. Plaintiff-Appellant Andricka Stewart appeals from the district court’s dismissal of her civil-rights action against Defendant-Appellee Waco Independent School District. She seeks review only of her claim under § 504 of the Rehabilitation Act of 1978, 29 U.S.C. § 794. Stewart’s § 504 claim presents difficult questions that, in our view, should not be reached unless necessary. The district court did not address whether Stewart’s claim was barred by any alleged failure to exhaust or as untimely, defenses that may be dispositive of the entire matter. 2 Because the district court ought consider, in the first instance, the merits of each defense, we VACATE the judgment of the district court dismissing Stewart’s § 504 claim, AFFIRM in all other respects, and REMAND for further proceedings consistent with this opinion.