Tuesday, November 15, 2011

Conditions that don't qualify for Special Education but may under Section 504

Examples of conditions that may not necessarily qualify a student for special education but may very well result in Section 504 protections are:

A. Alcoholics/drug addicts - including former users, successful participants in rehab programs,and persons regarded erroneously as current users.

B. Students with diseases - HIV positive/AIDS, Tuberculosis, Hepatitis B

C. Students with medical conditions -
Juvenile rheumatoid arthritis, asthma, severe allergies, diabetes, heart disease, epilepsy, sickle cell anemia, clinical depression, chronic fatigue syndrome, Tourette syndrome, pregnancy, obesity, and ADHD.

A person is handicapped under Section 504 if he or she:
Has a physical or mental impairment which substantially limits one or more major life activities; has record of such an impairment; and is regarded as having such an impairment.

(Section 504 and the ADA in Schools: Common Myths and Realities presentation by Julie J. Weatherly at the Annual State Superintendent Conference on Special Education and Pupil Services Leadership Issues 2011).

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