Section 504

  • Section 504

    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
      • Seeing
      • Hearing
      • Eating
      • Sleeping
      • Walking
      • Standing
      • Lifting
      • Bending
      • Speaking
      • Breathing
      • Learning
      • Reading
      • Concentrating
      • Thinking
      • Communicating
      • Working


    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



     
     
Last Modified on April 28, 2021