Determination of Eligibility and Services

To determine eligibility under Section 504, a committee of knowledgeable people must consider all the following questions:

• Does the student have a physical or mental impairment?
• Does the physical or mental impairment substantially limit one or more major life activities? It is important to specifically identify what the substantial limitations are and how they impact student’s performance and progress.
• Does the student require Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers.

Section 504 does not require a public school to provide students with disabilities with potential-maximizing education, only reasonable accommodations that give those students the same access to the benefits of a public education as all other students.” (J.D. v. Pawlet School District, 224 F.3d. 60, 33 IDELR 34 (2nd Cir. 2000)