Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

Mitigating measures.

When determining if a person has a disability, a school cannot consider the ameliorative effects of mitigating measures when determining how the impairment impacts the major life activities under consideration.¹⁸

For example, a student with low vision (unable to read typical size print with ordinary eyeglasses or contacts) who is able to read using a computer program that enlarges the font size of documents is still a person with a disability, even though the computer program permits the student to diminish the impact of his or her low vision and read lessons and other materials for school.

Note that the use of ordinary eyeglasses or contacts is the one exception to the mitigating measure rule.¹⁹ In other words, if a person’s vision is corrected with ordinary eyeglasses or contacts,²⁰ the school may consider how the eyeglasses or contacts help the student see when making a determination about whether the student has a disability based on seeing.