The federal government enforces Section 504 in all programs or entities that receive funding from the U.S. Department of Education. If your child has a disability, understanding the federal government’s definition of disability will help you know about and exercise the rights afforded to disabled students under federal law.
Section 504 Definition of Disability
As defined by Section 504, a student is understood to have a disability if they have a mental or physical impairment (or a record of impairment). The federal government considers a student to be disabled if they are substantially limited in their major life activities. Examples include (but are not limited to) activities or abilities such as:
Self-careBreathingWalkingSeeingSpeakingCompleting school work and learning
Students Excluded by the Definition
A student is excluded from eligibility if their condition does not substantially limit a major life activity. The student must also demonstrate a need for additional services in the classroom. For example, a medical diagnosis of attention deficit hyperactivity disorder (ADHD) alone would not be sufficient for a child to qualify under Section 504 if the child has no problems in school. Many students with ADHD do not need special services or education classes. Instead, they learn coping mechanisms from a therapist or doctor that help them manage the disorder while they remain in mainstream classrooms. However, students with severe ADHD (or without access to effective coping mechanisms) may need accommodations in school. The need is usually determined through a formal assessment, review of educational records, formal observations, medical data, adaptive behavior measures, and parent and teacher reports. These examples are problems that are significant enough to have a substantial impact on a student’s learning.
Section 504 versus IDEA
Defining disability under Section 504 is more broad than the definition of a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA). IDEA specifies thirteen categories of disabilities, including:
Intellectual disabilityDeafnessSpeech or language impairmentsBlindnessAutismTraumatic brain injuryVarious learning disabilities
Next Steps
If you are unsure whether your child has a disability, don’t rely on your interpretation of the law alone. Discuss your concerns with your child’s educators, therapists, and doctors. Find out which assessments or evaluations necessary to determine if your child is disabled. If your child does have a disability, early intervention is key to making sure that they get the support they need at school.
