Section 504 Program

Free appropriate public education

• “Free appropriate public education” (FAPE) means the provision of regular or special education and related aids and services designed to meet the individual educational needs of a student with disabilities as adequately as the needs of students without disabilities are met, at no cost to the student or his or her parent or guardian except when a fee is specifically authorized by law for all students. (34 CFR 104.33)

Student with a disability

• “Student with a disability” means a student who has a physical or mental impairment which substantially limits one or more major life activities, who has a record of such an impairment, or who is regarded as having such an impairment. (28 CFR 35.108)

Physical Impairment

• “Physical impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, immune, hemic, lymphatic, skin, and endocrine. (28 CFR 35.108)

Mental Impairment

• “Mental impairment” means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. (28 CFR 35.108)

Additional examples of physical or mental impairments include, but are not limited to: mobility impairments, medical conditions such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies/asthma, tuberculosis, cancer, spina bifida, cerebral palsy, and ADHD.

** An impairment alone is insufficient to qualify a student as disabled under Section 504. The impairment must also substantially limit at least one major life activity. The existence of an impairment is, however, a reason to suspect a disability and should trigger consideration for a Section 504 evaluation.

Substantially Limits

• The term “substantially limits” is not defined under Section 504. However, pursuant to the 2008 Americans with Disabilities Amendments Act (“ADAAA”), it means something less than "significantly restricted." In addition, an impairment that substantially limits one major life activity need not also limit other major life activities. Also, an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

• “Substantially limits major life activities” means limiting a person’s ability to perform functions, as compared to most people in the general population, such as caring for himself or herself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, and working. “Major life activities” also includes major bodily functions such as functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions, as well as the operation of an individual organ within a body system. The determination of whether an impairment substantially limits a student’s major life activities shall be made without regard to the ameliorative effects of mitigating measures other than ordinary eyeglasses or contact lenses. Mitigating measures are measures that an individual may use to eliminate or reduce the effects of an impairment, including, but not limited to, medications, medical supplies or equipment, prosthetic devices, assistive devices, reasonable modifications or auxiliary aids or services, learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, or physical therapy. (42 USC 12102; 28 CFR 35.108)

Major Life Activities

• Major life activities are functions including, but not limited to: caring for one’s self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and operation of a bodily function. Section 504 teams may determine that another activity not listed herein is a major life activity for that student. For example, a Section 504 team may determine that homework completion, or socialization, is a substantially limited major life activity for a particular student.

Accommodations

Alternative ways for students to acquire information or share what they have learned. Accommodations do not lower the difficulty level nor expectations for the student's achievement.

• Adjustment to HOW the student will learn.

• Generally applies to Section 504 Plans - this is determined on a case by case basis

Modifications

More intensive changes to the difficulty level and/or the quantity of material to be learned. In other words, a change to the general education curriculum.

• Adjustment to WHAT the student will learn.

• Generally applies to Individuals Education Plans - this is determined on a case by case basis