Such as medication, hearing aids, prosthetics, mobility devices, or other means when determining whether a studentĭetermine an education plan comparable to that provided to non-disabled students: School districts are required to provide students Legislation also states that the school district must not consider the improvement caused by a “mitigating measure” Tasks, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and more. Things as walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, performing manual This impairment or disability must substantially limit one or more major life activities. Or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and The Code of Federal Regulations (CFR) defines a physical or mental impairment as “any physiologicalĭisorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the followingīody systems: neurological musculoskeletal special sense organs respiratory, including speech organs Ĭardiovascular reproductive digestive genitourinary hemic and lymphatic skin and endocrine or any mental How does a school determine if a child is eligible for services either under IDEA, the Individuals with DisabilitiesĮducation Act, or under Section 504? The adapted Minnesota Department of Education chart below gives you an idea of howĭoes the disability substantially limit one or more major life activities? Under Section 504, disability is defined broadly.Ī student is determined to have a disability if he or she has a physical or mental impairment affecting a body Based on documented information from varied sources, decisions must be made by a group of school personnel who are knowledgeable about the child, the meaning of the data, and the placement options. The school must conduct an evaluation to determine if the student has a disability as defined under this act. Does Section 504 require schools to do evaluations? The language on mitigating measures was added in the ADA Amendments Act of 2008. When determining whether a student has a physical or mental impairment, the school district must not consider the improvement of a disability caused by a “mitigating measure” such as medication, hearing aids, prosthetics, mobility devices, or other means. These activities include such things as walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, performing manual tasks, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and more. A student is determined to have a disability if he or she has a physical or mental impairment affecting a body system. Under Section 504, disability is defined broadly. How does Section 504 define disability and major life functions? The Americans with Disabilities Act Amendments of 2008 (ADA) broadened the definition of disability in the ADA as well as in Section 504. To qualify under Section 504, a student must have a disability and that disability must limit a major life function. Those programs include public school districts, institutions of higher education, and other state and local education agencies. Section 504 of the Rehabilitation Act of 1973 (commonly referred to as Section 504) is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Students with Disabilities & Section 504 of the Rehabilitation Act of 1973.
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