Must a school district develop a Section 504 plan for a student who either “has a record of disability” or is “regarded as disabled”?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a “record of” or is “regarded as” disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being “regarded as” disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases “has a record of disability” and “is regarded as disabled” are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such. As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not “regarded as” an ind
Related Questions
- Where can a school district, parent, or student get information on Section 504 or find out information about OCR’s interpretation of Section 504 and Title II?
- What is the receiving school districts responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?
- Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
