Section 504 is a federal statute that prohibits discrimination based upon a disability. Section 504 covers eligible students with disabilities. A team knowledgeable of the person determines if the individual meets eligibility criteria. The following is the definition of a disability under Section 504.
A person may be considered disabled under the definition of Section 504 if the individual:
1) Has a mental or physical impairment which substantially limits one or more of such person's major life activities. "Major life activities" include, but are not limited to, functions such as:
- Caring for one's self
- Performing manual tasks
Major life activities also include the operation of a major bodily function, including but not limited to functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
When a condition does not substantially limit a major life activity, the individual does not qualify for services under Section 504.
2) has a record of such an impairment; or
3) is regarded as having such an impairment.
The second and third prongs of the definition only become a factor if the individual has been subjected to discrimination because of an actual or perceived physical or mental impairment or a record of such impairment.
Except for ordinary eye glasses or contact lenses, the ameliorative effects of mitigating measures may not be considered when assessing whether a student has an impairment that substantially limits a major life activity. "Mitigating measures" include, but are not limited to: medication; medical supplies, equipment or appliances; low-vision devices (devices that magnify, enhance, or otherwise augment a visual image); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.
A medical diagnosis of a physical or mental impairment does not, in and of itself, determine Section 504 eligibility. A medical diagnosis is one source of information, and Section 504 requires the District to consider a variety of sources in making its eligibility determination.
If you suspect that your child would qualify for a Section 504 plan, please contact the Special Services Office or your building administrator.
Recommended Links and Resources
Section 504 Student and Parent Rights