Eligibility Determination

1. 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
   
2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

The student's physical or mental impairment must substantially limit one or more major life activities.  The term “substantial limitation” is not specifically defined.  However, generally a substantial limitation exists if one or more major life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. This determination must be made on a case-by-case basis. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.    

An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. For example, a Section 504 Team may determine that a student with epilepsy, major depression, bipolar disorder, allergies, or cancer is disabled under Section 504 for the purposes of FAPE if the student’s impairment would substantially limit a major life activity when active.

Whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as: medication, medical supplies, equipment, or appliances, low vision devices (except for ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; use of Assistive technology; reasonable accommodations or auxiliary aids or services; or learned behavioral or adaptive neurological modifications.   However, the ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether the impairment substantially limits a major life activity.

Major life activities include, but are not limited to, functions such as caring for one's self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. Major life activities also include the operation of major bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. This list is not exhaustive. Other functions can also be major life activities for the purposes of Section 504. 

Learning, reading, seeing, walking, concentration, thinking, and communication are not the only major life activities utilized to determine Section 504 eligibility in the school setting. For example, a student with a visual impairment who cannot read regular print with glasses is substantially limited in the major life activity of seeing; a student with an orthopedic impairment who cannot walk is substantially limited in the major life activity of walking; and; a student with ulcerative colitis is substantially limited in the operation of a major bodily function, the digestive system.  Therefore, a student’s Section 504 Team cannot simply consider how an impairment affects a student’s ability to learn. 

If the student does not meet eligibility requirements, then a Section 504 Service Plan will not be developed for the student and the parent/guardian must be notified in writing.  A copy of the Parent Rights and Procedural Safeguards must also be provided to the parent/guardian.   Keep in mind that while a Section 504 Service Plan might not be appropriate, other kinds of accommodations may be appropriate.

If the Section 504 Team determines that the student is eligible , the team will convene a Section 504 Team meeting in order to develop a Section 504 Service Plan (See Appendix G - Forms), if appropriate, and will provide the parent/guardian with a copy of the Parent Rights and Procedural Safeguards. 

Students who have a “record of such an impairment” or who are “regarded as having an impairment” are eligible under Section 504 and are protected from discrimination under Section 504, even though they are not otherwise entitled to a FAPE and may not require a Section 504 Plan. For example, the District should protect such students from disability-based bullying and harassment and must ensure their access to participation in the District’s programs and activities.