 |
Identifying Students for Section
504 Eligibility
What criteria are
used to determine 504 eligibility?
For a student to qualify for Section 504 protection, the student
must meet three criteria: (1) a mental or physical impairment,
(2) which substantially limits, (3) one or more major life activities.
If the student has an impairment that substantially limits a major
life activity, the impairment is a qualifying disability if it creates
a significant barrier to the student’s ability to access the
same educational opportunities afforded to non-disabled students.
It is important to understand that all three criteria
must be met before the student is eligible for Section 504 protection.
Additional details on each of the three criteria follows.
Mental or physical impairment:
This criterion includes any physiological disorder or condition,
cosmetic disfigurement or anatomical loss affecting one or more
body systems. Mental or psychological disorders are also covered.
Section 504, in contrast to IDEA, does not limit eligibility to
specific diseases or categories of medical conditions. Environmental,
cultural and economic disadvantages are not covered unless the student
who has any of these characteristics also has a physical or mental
impairment.
Substantially limits:
Section 504 does not specifically define the term “substantially
limits.” The basis for evaluating this criterion is the impact
the impairment has on one or more of a student’s major life
activities. It is vital to understand that for a student to qualify
for 504, the impairment must impose, to a “considerable”
or “large degree,” a limitation to one or more major
life activities.
The 504 Team will consider the nature and severity
of the disability as well as how long the disability is expected
to last. Simply having a condition or disability does not automatically
qualify a student for Section 504 protection. The condition
must present a barrier to the student’s ability to access
the same educational opportunities as that afforded a non-disabled
student, or a substantial limitation does not exist.
The 504 Team may also consider what mitigating
measures have been taken to overcome the impairment. Mitigating measures are devices or practices that a
person uses to correct for or reduce the effects of that person’s mental or physical impairment.
Examples include corrective eyeglasses and medications. A person
who experiences no substantial limitation in any major life activity
when using a mitigating measure does not meet the definition of
a person with a disability under Section 504.
Major life activities:
Major life activities include, but are not limited to, caring for
oneself, performing manual tasks, walking, hearing, seeing, speaking,
breathing, learning and working. Determining whether the impairment
substantially limits a student’s learning is often critical
to the Section 504 eligibility decision. In this regard, the only
guidance that the Office of Civil Rights (OCR) has provided is the
statement that “by definition, a person who is
succeeding in regular education does not have a disability which
substantially limits the ability to learn.”
- Physical or Mental Impairment
Any physical or mental impairment may result in qualification
under Section 504. Unlike IDEA, there are no categories of qualifying
disabilities. This step in the 504 evaluation process relies heavily
upon medical/psychiatric diagnosis by qualified professionals.
- Major Life Activity
The identified physical or mental impairment must affect a major
life activity: caring for oneself, performing manual tasks, breathing,
hearing, learning, seeing, speaking, walking and working. Learning
is most often determined to be the major life activity affected
by a student’s impairment.
- Substantially Limited
The impairment must substantially limit the major life activity,
and thereby create a significant barrier to the student’s
ability to access the same educational opportunities afforded
to non-disabled students.
 |
 |
