Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Qualified individual with a disability.
Finally, in addition to satisfying the definition of an individual with a disability, a student with a disability must also be qualified for the protections of Section 504 in order to be covered under the law. For students with disabilities at the elementary and secondary level, being qualified under Section 504 is based primarily on whether the person is a certain age.
Specifically, a student with a disability is a qualified individual with a disability if the student is of an age at which: (1) students without disabilities are provided elementary and secondary educational services; or (2) it is mandatory under State law to provide elementary and secondary educational services to students with disabilities.33
A student with a disability is also a qualified individual with a disability if he or she is a student to whom a State is required to provide a free appropriate public education (FAPE) under the IDEA, another Federal education law that addresses the rights of students with disabilities.
You can go to page 40 for a discussion of the IDEA.
33 34 C.F.R. § 104.3(l)(2). See also footnote 4 (noting that this resource guide addresses students from kindergarten through 12th grade).
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