Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Record of a disability.
To meet the Section 504 definition of an individual with a disability, a student could also have a record of a disability.25 Having a record of a disability means that a person either has a history of a disability or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.26 For example, a person who had heart disease, cancer, or a mental illness, may have a record of a disability, but no longer have the impairment.27 An example of a misclassification is a school district that incorrectly identified a student as having a learning disability, when further testing revealed the student’s issues where caused by the need for ordinary eyeglasses and the student does not have a learning disability.
A student who has a record of a disability may or may not need special education or related aids and services. Section 504 does not obligate a school district to provide aids or services that a student does not need. But, even if a student with a disability does not need services, the student is protected from disability-based discrimination under Section 504’s general non-discrimination requirements.28
25 34 C.F.R. § 104.3(j)(2)(iii).
26 Id.
27 Department of Justice: ADA, Title II Technical Assistance Manual, II-2.5000, www.ada.gov/taman2.html#II-2.5000; 34 C.F.R. pt. 104, App. A.
28 34 C.F.R. §§ 104.4(b), 104.21-23, 104.37, 104.61 (incorporating 34 C.F.R. § 100.7(e)); see also OCR, Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools (FAQ 10 & 11) (Jan. 19, 2012), www.ed.gov/ocr/docs/dcl-504faq-201109.pdf.
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