To be protected under Section 504, a student must be determined to:

·  Have a physical or mental impairment that substantially limits one or more major life activities

·  Have a record of such an impairment, or

·  Be regarded as having such an impairment

What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on an individual basis.

The Americans with Disabilities Act Amendment Act of 2008 states that a physical or mental impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting on or more of the following body systems:

Functions of the immune system / Normal cell growth
Reproductive function / Bowel function
Bladder function / Neurological function
Circulatory function / Respiratory function
Digestive function / Endocrine function
Brain function

Or any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

There is no exhaustive list of specific diseases and conditions, which may constitute physical or mental impairments. This means that a bodily function not specifically listed in the ADAAAA as a physical or mental impairment may still qualify as an impairment.

Section 504 regulations do not define “substantially limits,” leaving that task to each school district. Commentaries regarding Section 504 have suggested that districts apply the language of the ADA, which indicates that a major life activity is significantly limited when a person is:

“…significantly 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.”

(29 C.F.R. 1630.2)

Major life activities include but are not limited to functions such as:

Learning / Sleeping / Standing
Caring for one’s self / Lifting / Bending
Performing manual tasks / Reading / Concentrating
Walking / Thinking / Speaking
Seeing / Hearing / Working
Communicating / Breathing / Eating

Note: Office for Civil Rights (OCR ) has told school districts they must look beyond learning in determining a student’s need for Section 504 accommodations. The Section 504 team needs to look at how the impairment affects ANY major life activity and if necessary assess what the student needs to have as an equal opportunity to participate in the school district’s program.

What are mitigating measures?

Mitigating measures eliminate or reduce the symptoms or impact of a physical or mental impairment. The ameliorative (positive) effects of one or more mitigating measures cannot be considered in determining if an impairment substantially limits a major life activity.

The determination of a disability must focus on whether the individual would be substantially limited in performing a major life activity without considering any mitigating measure that may eliminate or reduce the symptoms or impact of the impairment.

The ADAAA does not define mitigating measures but provides a non-exhaustive list including the following:

·  Medication, medical supplies, appliances, low-vision devices (which do not include ordinary contact lenses or eyeglasses), prosthetics, including limbs and devices, hearing aids and cochlear implants, mobility devices, or oxygen therapy equipment and supplies

·  Use of assistive technology

·  Reasonable accommodations or auxiliary aids or services; or

·  Learned behavioral adaptive neurological modification

To qualify for accommodations for a disability under Section 504, a student must have a physical or mental impairment that substantially limits a major life activity as school. If the student needs individually designed instruction due to the severity of the impairment, then the student should be referred to Special Education for evaluation and possible placement under IDEA.

If a student does not need accommodations or modifications at school beyond those normally made available to all students, then (s) he is not eligible for an accommodation plan under Section 504.

The following questions will help guide the team in determining whether the student’s learning is substantially limited as a result of the impairment. Generally, there should be multiple indications of difficulty before the committee determines if the student is substantially limited in a major life activity at school.

YES NO

Has the student demonstrated a consistent need for substantially more time to complete in class assignments than required by typical students?
Has the student demonstrated a consistent need for substantially more time to complete homework assignments than required by typical students?
Does the student consistently turn in incomplete tests and assignments? Is the student able to demonstrate his/her knowledge when given more time?
Does the student have significant difficulty with planning, organization and performing school-related assignments and other activities?
Is the student chronically absent or tardy due to a physical or mental impairment that significantly interferes with his/her educational progress?
Does the student exhibit frequent behaviors (such as impulsivity, inattentiveness, aggression, drowsiness) that may be associated with the student’s physical or mental impairment or the medication that the student is taking and significantly interferes with the student’s educational progress?
Does the student exhibit behavior requiring frequent disciplinary actions (principal’s office, meetings with parents, suspensions, expulsion, etc.)?
Has the student experienced a significant decline in academic performance that is due to the physical or mental impairment?
After appropriate intervention strategies have been attempted in the regular education classroom; does the student still have significant learning problems?
Does the student’s physical or mental impairment substantially limit his/her ability to learn or access the educational program in any manner not already indicated? If so, explain below

Special Remarks:

Revised 3/2016