School Special Education Disability Defined by Section 504 of the 1973 Rehabilitation Act Students with mental or physical impairments qualify By Ann Logsdon Ann Logsdon Ann Logsdon is a school psychologist specializing in helping parents and teachers support students with a range of educational and developmental disabilities. Learn about our editorial process Updated on September 06, 2020 Fact checked Verywell Family content is rigorously reviewed by a team of qualified and experienced fact checkers. Fact checkers review articles for factual accuracy, relevance, and timeliness. We rely on the most current and reputable sources, which are cited in the text and listed at the bottom of each article. Content is fact checked after it has been edited and before publication. Learn more. by Adah Chung Fact checked by Adah Chung LinkedIn Adah Chung is a fact checker, writer, researcher, and occupational therapist. Learn about our editorial process Print Blend Images - KidStock / Getty Images Section 504 of the Rehabilitation Act of 1973 defines what a disability is in the classroom and protects students with disabilities from discrimination. 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 students with disabilities under federal law. A Parent's Guide to Section 504 Plans 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 with learning disabilities may not appear to be substantially limited in life. It may not be obvious that they have a specific disability or disorder. Still, these students may need special services in school. 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 special services in the classroom. Section 504 Templates and Resources for Parents 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 less effective coping skills) may need special services 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. A child with ADHD may qualify as disabled if they are unable to attend a class, cannot tolerate a classroom environment, or have other learning difficulties. 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 disabilities, including: Intellectual disabilityDeafnessSpeech or language impairmentsBlindnessAutismTraumatic brain injuryVarious learning disabilities Federal Laws and Regulations for Students With 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. Assessments and Testing for Learning Disabilities Was this page helpful? Thanks for your feedback! Get diet and wellness tips to help your kids stay healthy and happy. Sign Up You're in! Thank you, {{form.email}}, for signing up. There was an error. Please try again. What are your concerns? Other Inaccurate Hard to Understand Submit 2 Sources Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. U.S. Department of Education. Protecting Students With Disabilities. U.S. Department of Education. Individuals with disabilities education act. Sec.300.8 Child with a disability.