Students not identified under IDEA may be considered to be disabled under Section 504, if they meet the definition of a “qualified handicapped person”, which is a person who has or has had a physical or mental impairment which substantially limits major life activity, or is regarded as handicapped by others. All students identified as disabled under IDEA are considered disabled under Section 504.
Major life activities include, but are not limited to:
- walking
- seeing
- hearing
- speaking
- breathing
- learning
- working
- caring for oneself
- and performing manual tasks.
The disabling condition needs only substantially limit one major life activity in order for the student to be eligible. If a district has reason to believe that, because of a disability as defined under Section 504, a student needs an accommodation in the regular educational setting in order to participate in the school program, the district must evaluate that student. If the student is determined to eligible under Section 504, the district must develop and implement a plan for the delivery of accommodations.
If a parent of a student, or a student has a question or grievance related to a disability, they should contact the Section 504/ADA Officer at the school that the student attends.