Eligibility Protections & Accommodations

Definition Of Disability Under Section With a physical or mental impairment that substantially limits one or more major life activities; 2. Who has a record of such an impairment; or 3. Who is regarded as having such impairment.

504 eligibility Impairment + Substantial Limitation (MLA/MBF) = 504 eligibility

Physical Or Mental Impairment An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition. – Any physiological disorder or condition – Cosmetic disfigurement – Impairment related to: Immune system, normal cell growth, digestive, bowel, bladder, respiratory, circulatory, endocrine and reproductive, neurological and brain functions – Mental or psychological disorder, including emotional, mental illness, and specific learning disabilities The definition does not define nor limits specific diseases

504 eligibility Impairment + Substantial Limitation (MLA/MBF) = 504 Eligibility

Substantial Limitation It is suggested that the term be interpreted to mean: That the student is unable to perform a major life activity that the average student of approximately the same age can perform, or “Restricted as to the condition, manner, or duration under which the student can perform a particular major life activity as compared to the condition, manner, or duration under which the average student of the same age/grade level in the general population can perform the same major life activity.” (ADA)

504 eligibility Impairment + Substantial Limitation (MLA/MBF) = 504 Eligibility

Major Life Activities Caring for oneself Performing manual tasks Seeing, hearing, speaking, breathing Learning, and working Eating Sleeping Walking, standing, lifting, bending Reading, concentrating, thinking, and communicating While the list of major life activities has been expanded (as a result of ADAAA), It remains “illustrative” -- The list is not intended to be all inclusive and an activity not listed may be covered

Jigsaw Activity Article: Meet the New and Improved Section 504 Intro & What is Section 504? What does the New ADAAA/504 Change? What is the Impact on the Schools? What about IDEA and Section 504?

The ADAAA Revised definition of disability – broader coverage Expansion of major life activities, including major bodily functions Includes episodic and disabilities in remission New mitigating measures rule

The ADAAA & MLA/MBF

ADAAA Expansions Impairments: Episodic & Remission Measurement for impairments that are episodic and or in remission must be considered at the time they were active.

Impairments that can be episodic and or in remission can include (but not limited to): – Asthma – Allergies – Anxiety – Depression – Diabetes – Migraines – Cancer

Mitigating Measures

Section 504 Eligibility Determination: Differentiating between Protection & Accommodation There are two separate eligibility determinations to make: – Section 504 Eligibility (Protections) AND – Need for an Accommodation Plan A student can be eligible for 504 protections but not have accommodations

Questions to ask to determine 504 eligibility 1. Does the student have a physical or mental impairment? If so, please identify the impairment (Impairments that are episodic, in remission or mitigated should also be listed)

Questions to ask to determine 504 eligibility 2. Does the physical or mental impairment affect one or more major life activities /major bodily functions? NOTE: For an impairment that is episodic, in remission, or mitigated, identify the activity or function affected when the disability was present or active.

Questions to ask to determine 504 eligibility 3. Does the physical or mental impairment substantially limit a major life activity ? The ADAAA requires that when making this determination, the Committee should NOT consider the ameliorative (helpful or positive) effects of mitigating measures (except for ordinary eyeglasses or contact lenses). The fact that the impairment is episodic (the impact of the impairment is sometimes substantially limiting, but not always), or in remission, does not preclude eligibility if the impairment would substantially limit a major life activity/major bodily function when active.

Questions to ask to determine 504 eligibility If all three questions are answered “yes” the student is 504 eligible (Protections). non-discriminatory protections, manifestation determination, procedural safeguards, and periodic Re-Evaluation or more often as needed

Are accommodations necessary for the student to gain access to the learning environment? We need to look at evaluation data…

Substantial Limitation

I do… Case Example #1 4 th grade student who has a diagnosis of ADHD and is successfully mitigated with medication. However student was substantially limited in a Major Life Activity (Concentration) prior to the administration of medication (as per report cards, referrals, teacher input).

We do… Case Example #2 : 10 th grade student who had Leukemia in 6 th grade. Student is in remission and is not substantially limited in any MLA/MBF at this time. However, at the time when the impairment (Leukemia) was active, the student was substantially limited in a Major Bodily Function (Cardiovascular and Hematologic).

504 Canvas Site: Discussions