Eligibility

In order to qualify for Section 504, a student must have a physical or mental impairment that substantially limits a major life activity and have an educational need. Major life activities are activities that are of core importance to the average person. To be eligible under Section 504, a student is considered disabled if s/he cannot perform a major life activity that an average person in the general population can perform. These include but are not limited to the following:  caring for oneself, performing manual tasks, walking, talking, hearing, seeing, speaking, breathing, learning, and working. "The common thread in all major life activities is that they are activities of core importance to the average person (Elaine Eberharter-Maki, Esq.; October 2006)."

Eligibility requires not only the existence of a disability, but also that the disability's level of impact is considered a substantial limitation. Thus, the disability significantly impacts the student at school and deprives him/her from an equal opportunity to participate in or benefit from the school's programs or activities.

In determining whether a disability is substantially limiting to a major life activity, the following must be considered:
  • How does the disability affect the student in all domains (home, school, etc.)?
  • How do the mitigating corrective measures (medication, eye glasses, hearing aids, etc.)  impact the limitations of the disability?
For a temporary disability, the question is not if there is an impairment but, 
  • How does the impairment substantially limit one or more major life activities for the student?
A disability is not considered substantially limiting if the student is able to succeed in general education. If a student experiences no substantial limitations in any major life activity when using medications or other corrective measures, she or he is not considered qualified under Section 504. A medical diagnosis does not qualify a student for services under Section 504. The illness or disability must substantially limit a student's ability to participate in or benefit from the school's programs and/or activities.

The school's Section 504 team determines a student's eligibility by completing the evaluation process and applying the eligibility criteria. The team reviews the data from a variety of sources and evaluates how the disability impacts the student's access to educational programs and activities.

Physical and/or Mental Impairments: Section 504 defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs, respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.  The determination of whether a student has a physical or mental impairment that substantially limits a major life activity is made on the basis of an individual inquiry. 
 

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