Generally all individuals who are disabled under the IDEA are also considered to be entitled to rights and protection under Section 504. However, all individuals who have been determined to be Section 504 eligible may not be IDEA eligible.

Free Appropriate Public Education (FAPE), is an educational right of children with disabilities in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Act (IDEA).

Furthermore, IDEA programs receive State and Federal funding, Section 504 receives no State or Federal funding.

A qualified individual with a disability is a student who:

• Has a physical or mental impairment that substantially limits one or more major life activities; and 
• Has a record of such an impairment or is regarded as having such an impairment.
  • A physical impairment is 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, etc.
  • A mental impairment is any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
  • A major life activity is defined as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, reading, thinking, and concentrating.

In many cases students are referred for review by a Student Success Team (SST), Coordinated Care Team (CCT), Positive Behavior Team (PBT) or Individualized Education Program (IEP) Team.

Your Section 504 Coordinator will convene a team to determine eligibility.

The school must complete the Section 504 Evaluation for Eligibility worksheet. Evaluation material can include: formal & informal test results, aptitude and achievement tests, observations and anecdotal records, attendance and behavior records, medical reports, grades/transcripts, teacher reports, and recommendations.

• A student meets the eligibility requirements under Section 504 if the site team determines that:
  • there is evidence of a physical or mental impairment and can establish the basis for their determination; and
  • there is evidence of a physical or mental impairment which substantially limits a major life activity.

• Physical arrangement of room
• Instruction
• Assignments
• Test taking
• Class assignment/daily schedule
• Organization and study skills
• Behavior management
• Accommodation provided by parents/guardians at home
• Health Issues such as:
  • ADHD
  • Anxiety
  • Arthritis/Muscle/Orthopedic Issues
  • Asthma
  • Cerebral Palsy
  • Compromised Immune System
  • Diabetes
  • Food Allergies
  • Seizure disorder