Who is 504 eligible?

There are three ways that a student may be considered an individual with a disability under Section 504. A person is considered to have a disability under Section 504 if the student:

1. Has a physical or mental impairment, which substantially limits one or more major life activities. The term does not cover children solely disadvantaged by cultural, environmental or economic factors. Comment to 34CFR.104.3;
2. Has a record or history of such an impairment. The term includes children who have been misclassified (e.g. a non-English speaking student who was mistakenly classified as having mental retardation); or
3. Is regarded as having such an impairment. A student would be “regarded” as having a disability under Section 504 if, for example:

• The student has a physical or mental impairment that does not substantially limit a major life activity but is treated by the district as having such a limitation (e.g. a student who has scarring, a student who walks with a limp).
• The student has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others towards such an impairment (e.g. a student who is obese).
• The student has no physical or mental impairment but is treated by the district as having such an impairment (e.g. a student who tests positive with the HIV virus but has no physical effects from it). 34CFR104.3(j)

An eligibility team, consisting of school personnel who are knowledgeable about the child determines eligibility under Section 504.

Related Tools

504 Checklist