Therefore, a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. ![]() However, while anyone can make a referral, such as parents, teachers or a doctor, OCR stated in a staff memorandum that "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability." (OCR Memorandum, April 29, 1993.) Who can refer a child for consideration for evaluation under Section 504?Īnyone can refer a child for evaluation under Section 504. However, in a letter from the Office for Civil Rights (OCR), they state, "this is a determination to be made by each local school district and depends on the nature and severity of the person's disabling condition." "Substantially limits" is not defined in the federal regulations. Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504. ![]() This noncomprehensive list includes individuals with AD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette's Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, temporary disabilities (e.g., broken writing arm, broken leg, etc.). In September 2008, Congress expanded the list of major life activities to also include, but not limited to, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and working. Major life activities include, but are not limited t self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others, and working. While the definition of a disabled person also includes specific limitations on what persons are classified as disabled under the regulations, it also specifies that only physical and mental impairments are included, thus "environmental, cultural, and economic disadvantage are not in themselves covered" (Appendix A to Part 104, #3). The definition does not set forth a list of specific diseases, conditions, or disorders that constitute impairments because of the difficulty of ensuring the comprehensiveness of any such list. As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of non-disabled students. Hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious, but if they substantially limit that child's ability to receive an appropriate education as defined by Section 504, they may be considered to have an "impairment" under Section 504 standards. They may include conditions such as specific learning disabilities, diabetes, epilepsy, and allergies. ![]() ![]() Many students have conditions or disorders that are not readily apparent to others. What is an "impairment" as used under the Section 504 definition?Īn 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.
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