KGK attorney Hope Kirsch answers the question:
What should be considered when a school team is determining Section 504 eligibility for a student?
The ADA Amendment Act (ADAAA) of 2008 increased the number of individuals who are eligible for protections and services under both the ADA and Section 504 of the Rehabilitation Act of 1973. An impairment in and of itself does not mean that a student has a disability. There must be a substantial limitation on one or more major life activities, which results from the impairment, to be considered as a disability under Section 504 and entitling a student to FAPE.
In order to be afforded the protections of Section 504, a student must meet the definition of a person with a “disability.” A student has a disability if he/she: