What is an "impairment" under Section 504?
Under Section 504 an impairment may include any disability, long-term illness, or disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior or health related condition. There is no list of eligible disabilities. However, some examples include: ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disorders such as broken limbs.
What is a "major life activity"?
A major life activity is an activity that is of central importance to the daily life of the average person in the general population. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. It also includes the operation of a major bodily function.
What is a "substantial limitation"?
Although not defined in the regulations, OCR has interpreted it to mean “unable to perform a major life activity that the average person in the general population can perform; or restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” In a letter from the Office of Civil Rights (OCR), they state, “this is a determination to be made by each local school district and depends on the nature and severity of the person’s disabling condition.”
What qualifies as a disability under Section 504?
“An individual with a disability means any person who 1) has a mental or physical impairment which substantially limits one or more major life activities, 2) has record of such an impairment, or 3) is regarded as having such an impairment” [34 C.F.R. §104.3(J)(1)].
What if my child's physician has said he/she qualifies for 504 evaluation/services?
Section 504 committees must consider information from a variety of sources, including medical information provided by a physician. However, a doctor’s note alone cannot be the basis of eligibility for Section 504.
My child has a very high IQ but only earns average grades. Isn't that a sign of a disability?
If you are thinking your child has a learning disability, remember that the Section 504 committee would compare your child's ability to learn in relation to the average student, not to your child's own potential. In this case, it sounds like your child would not be eligible under Section 504 unless there is a different major life activity being impaired.
Does a child need to fail a class or state mandated test to be eligible for Section 504?
No. Low class grades and state test scores may indicate a substantial limitation in the area of learning, but Section 504 covers other major life activities as well. For instance, if a child has a hearing impairment, the Section 504 committee would focus on how the child's hearing is compared to other children of the same age or grade. However, if a learning disability is suspected, the Section 504 committee would focus on how the child's learning is affected. Grades and state test scores are an important reflection of learning, but are still not the only factor considered.
Who decides if a student qualifies for services under Section 504?
According to federal regulations: “… placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data and placement options” [§104.35(c)(3)]. New Caney ISD best practice dictates that parents receive notice of and are encouraged to attend and participate in Section 504 meetings. However, unlike Special Education, federal regulations for Section 504 do not require parents to be a part of the decision-making committee. Parents are encouraged to provide any information that would be helpful to the committee in their determination of services that the child may need. Committees are expected to make appropriate educational decisions in order that the student receives an appropriate education.
Are all students with dyslexia eligible to be served through Section 504?
No, not necessarily. According to The Dyslexia Handbook, Revised 2007, not all students with dyslexia are automatically eligible for Section 504 (p 18). Students with dyslexia may be eligible for special education, Section 504, a school plan, or no services at all, depending on the individual needs of the student.
Once eligible for Section 504, will my child always be eligible?
Not necessarily. Eligibility must be reestablished at every meeting. In some situations, children are no longer eligible for Section 504 because an injury or illness has been cured. In other cases, a student will learn to compensate for difficulties due to an impairment and no longer meet eligibility requirements. Keeping in mind our goal of serving all students in their least restrictive environment, this change in eligibility should be looked at positively.
