Definition: Disability Defined under Section 504 -
Section 504 of the Rehabilitation Act of 1973 protects students from discrimination based upon their disability status. A student qualifies as disabled under the definition of Section 504 if he or she:
- Has a mental or physical impairment, a record of impairment, or is regarded as having such an impairment; and
- Is substantially limited in his or her major life activities that include abilities such as (but not limited to) self care, breathing, walking, seeing, performing schoolwork, speaking, and learning.
A student is excluded from eligibility if his or her condition does not substantially limit a major life activity. For example, a medical diagnosis of
Attention Deficit Hyperactivity Disorder alone would not be sufficient for a child to qualify under Section 504 if the child had no problems in school. The student must also demonstrate a need for special services in school. This is typically determined through formal
assessment,
review of educational records,
formal observations, medical data,
adaptive behavior measures, and parent and teacher reports. Inability to attend to instruction, tolerate a classroom environment, or related learning difficulties are examples of problems that could qualify a child with ADHD if they are significant enough to have a substantial impact on his learning.
This definition of appropriate education is different from the definition of a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA).
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Examples: The definition of disability under Section 504 is more broad than under the
IDEA.
