New Hanover County Schools
What Criteria Are Used to Determine 504 Eligibility?
For a student to be eligible for a Section 504 Accommodation Plan (also called a 504 Plan, an Individual Accommodation
Plan or an IAP), the student must meet three criteria:
(1) have a physical or mental impairment (disability)
(2) that substantially limits one or more major life activities, and
(3) need accommodations so that his/her educational needs are met as adequately as nondisabled students.
However, not all students with disabilities will be eligible for a Section 504 Accommodation Plan.
Definitions:

Mental or Physical Impairment (disability): (A) Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine; OR (B) any mental or psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific learning disabilities.

Substantially Limits: A student’s impairment “substantially limits” one or more major life activities if it
substantially limits the ability of the student to perform a major life activity as compared to most
people in the general population. An impairment need not prevent or significantly or severely restrict
the student from performing a major life activity in order to be considered substantially limiting. Simply
having a condition or disability does not automatically qualify a student for a Section 504 Accommodation Plan.
When determining whether a student has a physical or mental impairment that substantially limits that student in a
major life activity, schools must not consider the ameliorating effects of any mitigating measures that student is
using. Students who are already achieving a high level of academic success are not automatically disqualified from
receiving a Section 504 Accommodation Plan. If a disabled student must spend substantially more time or effort to
achieve high academic results, when compared to nondisabled peers in the general population, he/she may be
substantially limited in the major life activity of learning. Multiple sources of data are to be used in this determination.

Mitigating Measures: A non-exhaustive list of “mitigating measures” includes: medication; medical supplies,
equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthesis
(including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility
devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or
auxiliary aids or services; and learned behavioral or adaptive neurological modifications.
o One Exception: Section 504 teams may take into account a student’s eyeglasses or contact lenses when
making eligibility determination.

Major Life Activities: May include but are not limited to caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, interacting with others and working. Also included are the operations of
major bodily functions such as: the immune system, special sense organs and skin, digestive, genitourinary, bowel,
bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal,
and reproductive functions.
Why Complete the Section 504 Data Collection Tool?
 This serves as the evaluation tool in which the Section 504 Team will determine if the student’s mental or physical
impairment substantially limits one or more major life activities. (A sample has been created for training purposes.)
Important Things to Remember:
 ALL students can receive classroom and/or testing modifications/accommodations (which can be documented on RtI
Problem Solving Model or Intervention Plan for Success documentation); however, in order for
modifications/accommodations to be implemented on state tests, the student must meet criteria for a Section 504
Accommodation Plan.
Be sure to provide a copy of the New Hanover Schools Notice of Rights under Section 504 Rehabilitation Act of 1973 to
parents. A copy can be found on the main page of the New Hanover County Schools Student Support Services webpage.
Evaluation and Initial Eligibility Process
12.9.13