Definition of Eligibility
Eligibility is determined by the Campus 504 Committee via a review of records, documentation, and information about a student. This can include but is not limited to, evaluations from the school, psychological records or evaluations, medical information, classroom data, and parent and teacher input.
According to Section 504 of the ADAAA, an eligible student is one who:
- has a physical or mental impairment which substantially limits one or more major life activities;
- has a record or history of such impairment;
- is regarded as having such an impairment.
A student does not have to demonstrate “educational need” to be supported by Section 504.
If determined eligible by the 504 committees, an accommodation plan will be developed with input from the Committee members. If the student is able to contribute, their input is also valuable in the process determining upon appropriate accommodations.
Section 504 Committee
- Campus 504 Coordinator
- an administrator from the campus
- general education teacher
- Nurse (if the student has a health condition or health plan)
- Other persons who have knowledge about the student
Although it is East Central ISD policy that the parent is invited to the meeting, the § 504 statute indicates the parent is not required to attend. East Central ISD also encourages students to attend their 504 meetings if they are able, as they often have valuable information and insight into the accommodations that will be most helpful and appropriate for access to the curriculum.
Life Activities Protected by Section 504
Examples of major life activities protected by Section 504:
- Major Bodily functions such as:
- Respiratory functions
- Digestive functions
- Bowel functions
- Immune functions
- Brain functions
*This list is not an exhaustive list and an activity or function not specifically listed in Section 504 regulatory provision can nonetheless be a major life activity.
A district CANNOT consider “mitigating measures” when determining if a student has a disability under section 504. Examples of Mitigating Measures:
- Medical supplies
- Equipment or appliances
- Low vision devices (which do not include ordinary eyeglasses or contact lenses)
- Prosthetics (including limbs and devices)
- Hearing aids and cochlear implants or other implantable hearing devices
- Mobility devices
- Oxygen therapy equipment and supplies
- Use of assistive technology
- Reasonable accommodations or auxiliary aids or services
- Learned behavioral or adaptive neurological modifications
Prescription lenses such as glasses or contact lenses ARE NOT considered a mitigating measure. The effects of the mitigating measures of ordinary eyeglasses or contact lenses will be considered in determining if an impairment substantially limits a major life activity.