Palmyra School District

Who is Eligible?

Under the protection of Section 504, an individual must demonstrate that they have a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such an impairment.  Major life activities include, but are not limited to, seeing, hearing, speaking, walking, breathing, learning, working, caring for oneself, and performing manual tasks.  All students with disabilities who are entitled to attend school under state law are covered by Section 504.  Section 504 is designed to prevent discrimination against individuals with disabilities.  In public elementary and secondary schools, it requires that students with disabilities receive a free and appropriate public education.

What is a physical or mental impairment that substantially limits a major life activity?

The Section 504 regulatory provision at 34 C.F.R. 104.3 (j) (2) (i) defines physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological, musculoskeletal, cardiovascular, reproductive, digestive, genito-urinary, hemic, lymphatic, integumentary, endocrine, and respiratory, along with speech and special sense organs, as well as any mental or psychological disorders, such as mental retardation,  organic brain syndrome, emotional or mental illness, and specific learning disabilities.  The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty in ensuring an up-to-date, complete and comprehensive list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3 (j) (2) (ii) include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  This list is not exhaustive, and other functions can be considered major life activities for the purpose of Section 504.  In the Amendments Act, Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.  Congress also provides a non-exhaustive list of examples of major bodily functions that are considered major life activities, such as the functions of the immune system and normal cell growth along with digestive , bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.  The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid.  The Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed  can nonetheless be considered a major life activity.

Who do I contact if I suspect my child is eligible for accommodations under Section 504?

Please contact the Guidance Department of your child’s school building to schedule an appointment to discuss your child’s eligibility.

Section 504 District Coordinator:  Michael Papenberg 856-786-9300 x 3004

For more information, please visit the US Department of Education website.