History and Expansion of Section 504 Student Eligibility: Implications for School Nurses

Abstract

This article presents an explanation of the eligibility criteria for K-12 students under Section 504 and its sister statute, the Americans with Disabilities Act (ADA). The explanation shows the evolving application of Section 504 to students in terms of three phases: awareness, constriction, and expansion. The latest phase, expansion, started with the January 1, 2009, effective date of the ADA Amendments (ADAA), which dramatically reversed the previous phase of judicial constriction of the eligibility criteria. The changes affect two of the three criteria in the definition of disability under Section 504 and the ADA: (a) an expanded list of illustrations of "major life activities" and (b) much less restrictive standards for interpreting "substantially limits." As a result, the school nurse plays a more critical role as a member of or consultant to the school teams that determine student eligibility for and the contents appropriate in 504 Plans.

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