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

Substantial limitation.

The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student.²¹ Section 504 requires that, for elementary and secondary school students, a group of knowledgeable persons draw upon information from a variety of sources in making this determination.²²

The Amendments Act also requires, however, that in making that determination under Section 504, the beneficial effects of mitigating measures (other than ordinary eyeglasses and contact lenses) must not be considered.²³ For example, school districts must determine if a student with asthma has a disability without considering how an inhaler affects the student’s major life activities such as breathing and talking.