In order for students to be eligible for a Section 504 plan, they must meet all three criteria outlined below.
1. The student has a mental or physical impairment, has a record of such impairment, or is regarded as having such an impairment.
2. The impairment results in the substantial limitation of a major life activity. NOTE: “Substantial limitation” must be interpreted without regard to the ameliorative effects of mitigating measures (e.g. medications, prosthetic devices, assistive devices, or learned or adaptive neurological modifications that a person may use to eliminate or reduce the effects of an impairment. Also, an impairment that is episodic or in remission is a Section 504-protected disability if, when in an active phase, it would substantially limit a major life activity).
3. Does the substantial limitation result in the child’s inability to access the general education curriculum without accommodations? The limitation results in difficulties in the student’s ability to receive instruction and/or to produce school work.