For a student to qualify for Section 504 protection, the student must meet three criteria:
(1) a mental or physical impairment,
(2) which substantially limits
(3) one or more major life activities.
If the student has an impairment that substantially limits a major life activity, the impairment is a qualifying disability if it creates a significant barrier to the student’s ability to access the same educational opportunities afforded to non-disabled students. It is important to understand that all three criteria must be met before the student is eligible for Section 504 protection.
The 504 Team at Estrella will consider the nature and severity of the disability, as well as how long, the disability is expected to last. Simply having a condition or disability does not automatically qualify a student for Section 504 protection. The condition must present a barrier to the student’s ability to access the same educational opportunities as that afforded a non-disabled student, or a substantial limitation does not exist. The 504 Team will also examine what mitigating measures have been taken to overcome the impairment. Mitigating measures are devices or practices that a person uses to correct for or reduce the effects of that person’s mental or physical impairment