Section 504

How is a student identified for Section 504? What is meant by the phrase "substantial limitation"?
An impairment as used in Section 504 may include any disability, long-term illness, or various 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. Generally, it means that the disability materially and significantly impacts the student's overall educational performance and experience in an adverse manner. In other words, it means the student is experiencing serious difficulty meeting minimum academic requirements, behavioral expectations, or a combination of both. It does not mean that the student is not working up to
his/her potential or earning the best grades he/she can earn.

If a school employee suspects that a student has an impairment that significantly impacts a major life activity, the school is legally obligated to begin the process of gathering data. The collection of data should be conducted within a reasonable amount of time and should not be delayed. The parent will then be contacted for written consent to conduct a Section 504 evaluation. 

If a parent suspects that their child has an impairment that significantly impacts their ability to access their education, they may contact the campus 504 Coordinator to request a 504 evaluation. The school will in turn begin gathering multiple sources of data to review and use for the evaluation. A district is legally required to review multiple sources of data to determine eligibility and a medical diagnosis alone is insufficient to determine eligibility. 

If the student is found eligible, the Section 504 committee will create a 504 Plan to delineate appropriate services which may include instructional accommodations and/or testing accommodations.

Can a student be disabled but not qualify under Section 504?
Yes. Since the law states that the student's impairment must substantially limit a major life activity, if a student's impairment is determined not to substantially limit a major life activity, a 504 committee may determine that a student is not eligible for Section 504.