SECTION 504 (2011) Definitions The basic definitions remain the same DISABILITY—The term “disability “means, with respect to anindvidual— (A) & physical of mental impaicment that substantially limits one or more major life activites of such individual; (6) & record of such an impairment; oF () Being regarded as having such an impairment. 42 U.S.C. §12102(4)(a)(2) Heres the list of “major life activities” withthe new ones in bold; [Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, leaping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. 42 US.C. §12102(4)a}(2(0. ‘The term “major life activities” also include "the operation of a major body function" as fallows Amajor life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive function. 42 US. §12302(4)a)(218). Identification of Students > With the broader coverage ofthe law, there will be more “504 students” than in the past ee $504 coverage is NOT limited to those with an “educational need.” > 504 identification involves a comparison. Compare the student's performance ofthe major life activity to that of “most people in the ‘general population.” Need? Or Substantial Limitations? Notice that 508 does not limit its coverage to student with an “educational need.” “Educational need” is aterm associated withthe Individuals with Disabilities Education Act Walsh anderson 2012°(IDEA). We often use the term “educational need” when referring to students who need “ specialy designed Instruction” due toa disablity. That's IDEA-tak Section S04 has always deat with a much broader range of activities. Schools ike any other covered entity, have to ensure that thelr services are equally availabe to those who are substantially limited in any ofthese major fe activities. Thus Section 504 may require you to accommodate the needs of a student wha has a disability which has nothing to do with his or her instructional needs, Examples: asthma, severe allergies, diabetes, eat g disucders. Rather than “educational need,” Section $04 uses the term “substantially limits.” An impairment isnot a disability unless it substantially limits the person in the performance of a major fe activity ‘Students with dyslexia may qualify for special education under !DEA Broader coverage for 504 means that most students with dyslexia who do not meet IDEA standard will meet 504 standards. Dyslexia is aphysical or mental impairment, so some student with dyslexia wil be served under Section 504. Itis also a form of a learning disability, s0 some students with dyslexia willbe served under IDEA. Under state law, students with dyslexia are entitled to some degree of special treatment even before they are indentified under either S04 or IDEA. Dystexia and Special Education ifthe student needs specialy designed insteuction due to one ofthe disabilities that qualifies for IDEA services, the student is eligible for special education services. The federal law lists 13 categories, and that term is defined as follows ‘The term (specific learning disability) means a disorder in one oF more of the basic psychological processes Involved in understanding or in using language, spoken, or written, that may manifest itself in an imperfect ability to listen, think, spea, read, write, spell or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental dysphasia ‘The regulation lists dyslexia as a condition that is included in the definition of LO, but that does not mean that every student who has dysleia also has a learning disability. ‘walsh Anderson 2011