7.2.1 Students with Disabilities

The definition of a “student with a disability” under Section 504 is different from the IDEA definition, although there is overlap between them. To be eligible under Section 504, a child must have or be regarded as having a physical or mental impairment that substantially limits one or more major life activity.1  A physical and mental impairment is defined broadly as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito‑urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.2

This is not intended to be an exhaustive list of specific diseases and conditions that may constitute a physical or mental impairment. While a medical diagnosis or diagnoses is helpful to show that a student has a physical or mental impairment, Section 504 does not require a medical diagnosis for a student to qualify for services. As a result, a school district cannot require that a student have a medical assessment in order to qualify under Section 504.3

A physical or mental impairment by itself is not enough; the impairment must also substantially limit one or more of a student’s major life activities, which can include walking, seeing, hearing, speaking, breathing, eating, learning, reading, concentrating, thinking, communicating, working, caring for oneself, and performing manual tasks.4  Again, this list is not exhaustive. While learning is a major life activity, schools must consider how a student’s impairment affects any major life activity, not merely the ability to learn.5  This can be an important as schools commonly cite a student’s passing grades or scores on standardized tests as indications that the student is learning and therefore does not qualify for a 504 Plan. To that end, OCR has made it clear that a child may have a disability and be eligible for Section 504 services even if the child is succeeding academically.6

• 129 U.S.C. § 705(9)(B), (20)(B). A student can also be eligible under Section 504 if the student has a record of a physical or mental impairment. 29 U.S.C. § 705(20)(B).
• 2See 34 C.F.R. § 104.3(j)(2)(i).
• 3If the district determines that medical assessment is necessary in order to determine whether a child is eligible under Section 504, the school district is responsible for paying for the assessment.
• 4See 34 C.F.R. § 104.3(j)(2)(ii). Major life activities also include all major bodily functions, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 42 U.S.C. § 12102(2)(B).
• 5See Off. for Civ. Rts., U.S. Dep’t of Educ., Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools 5 (2016).
• 6Id.