Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?
Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student’s mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.
Related Questions
- A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
- Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?
- Does the nature of services to which a student is entitled under Section 504 differ by educational level?
