![]() The plan should include the accommodations a student needs to access the general education curriculum. It is only if a student meets both prongs of Section 504 eligibility that a Section 504 plan should be developed. Therefore, it is important that school teams complete their own evaluations for Section 504 eligibility next time they received doctor scripts for school-based services. The only exception to the mitigating measures analysis is ordinary eyeglasses or contact lenses. Examples include medication, medical supplies, equipment or appliances, low-vision devices (which do NOT include ordinary eyeglasses or contact lenses), prosthetics, hearing aids or cochlear implants, use of assistive technology, and learned behavioral or adaptive neurological modifications. ![]() As of January 1, 2009, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability. Mitigating measures cannot be considered when determining whether a student has a physical or mental impairment that substantially limits a major life activity. These lists of examples of major life activities are not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be considered a major life activity. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Congress has also provided additional examples of major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. 104.3(j)(2)(ii) and also found in the Americans with Disabilities Act (ADA), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as 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 reproductive digestive genito-urinary hemic and lymphatic skin and endocrine or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The Section 504 regulatory provision at 34 C.F.R. Once signed by a parent, a school has 60 days to determine Section 504 eligibility, that is, (1) whether the student has a physical or mental impairment, and (2) whether the physical and mental impairment substantially limits a major life activity. Schools should have a separate Section 504 Permission to Evaluate form. If the school team determines based on a review of records and data that there is no reason to evaluate the student for special education services, then the school team could still issue a Permission to Evaluate for Section 504 eligibility only. When a district issues a Permission to Evaluate, whether for special education services or Section 504 services, the district complies with its Section 504 procedural obligations. In doing so, a district should consider the full educational history of the student prior to seeking to evaluate the student and should also consider if there are red flags to evaluate the student for special education instruction. §104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability. ![]() ![]() What should a school do?įirst, do not immediately provide the accommodations as requested or “prescribed.” Section 504 of the Rehabilitation Act of 1973 (Section 504) regulations and the Office of Civil Rights (OCR) guidance are clear that a Section 504 evaluation must first be completed by the district to determine whether the student has a disability. The parents then insist on accommodations and maybe even occupational therapy. It seems to be happening more and more frequently: parents bring a script from a medical doctor diagnosing ADHD and “prescribing” school-based services. Click here to download the article in pdf format
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