Section 504 is a federal law that ensures that students with disabilities get the support they need in school. It requires schools to provide tools like extra time on tests or special technology to eligible students. But how do schools decide who qualifies for this help?
One key requirement is that a student must have a “substantial limitation.” This means they have a condition that significantly affects their ability to do important daily activities. But how is this limitation measured?
Schools must provide an individual assessment
Schools must conduct thorough assessments to understand a student’s needs fully. They collect information from teachers, parents and medical professionals. While specific procedures may differ depending on the school district and the student’s individual circumstances, the assessment generally focuses on three key areas:
- Schoolwork: Schools check how the student does in class, finishes homework and takes tests. They also look at how they talk to others, make friends and take care of themselves.
- Daily tasks: They see how the student’s condition affects their ability to learn, read, focus and understand things. These are important for doing well in school and everyday life.
- Physical abilities: Schools check if the student’s condition makes it hard to move around, see or hear. This includes assessing how they get around school, see the board or read books and understand verbal instructions.
Under California law, schools must evaluate a student’s condition without considering “mitigating measures.” These are things that help manage the condition, like medication or assistive devices. The school must consider how the student would function without these measures to determine if their condition substantially limits a major life activity. This approach ensures that students who need support can receive it, even if their condition is well-managed.
Ensure a fair assessment for your child
If you believe your child’s school hasn’t provided a thorough or proper assessment, it may be time to seek legal counsel. An education law attorney can help you understand your rights and the school’s obligations.