The Office of Civil Rights at the U.S. Department of Education.

The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Unlike the Individuals with Disabilities Education Act, Section 504 and ADA are not funding or grant statutes but are instead intended to be anti-discrimination laws.

From the Office of Civil Rights “Under Section 504, an individual with a disability (also referred to as a student with a disability in the elementary and secondary education context) is defined as a person who:

(1) has a physical or mental impairment that substantially limits a major life activity;

(2) has a record of such an impairment; or

(3) is regarded as having such an impairment. 

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity (and therefore has a disability) must be made on a case by case basis.

In addition, when determining if someone meets the definition of a disability, the definition must be understood to provide broad coverage of individuals.

Physical or mental impairments. 

Section 504 defines a physical or mental impairment as 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.

The Section 504 definition of physical and mental impairment also includes any mental or psychological disorder.

The definition does not include all specific diseases and conditions that may be physical or mental impairments because of the difficulty of ensuring the completeness of such a list.

The list of major life activities under Section 504 includes, but is not limited to, the activities listed below:

Major bodily functions are also major life activities under the law, and these major bodily functions include functions of the bowel, bladder, and brain; normal cell growth; and the immune, endocrine (for example, thyroid, pituitary, and pancreas), respiratory, reproductive, circulatory, digestive, and neurological systems.

These lists, however, do not provide every possible major life activity or bodily function; therefore, if an activity or bodily function is not listed in the Amendments Act, it might still be considered a major life activity under Section 504.14.”

The law does not explicitly define the members of the 504 team. However, the law does state in 34 CFR § 104.35 – Evaluation and placement that “ In interpreting evaluation data and in making placement decisions, a recipient shall (1) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior, (2) establish procedures to ensure that information obtained from all such sources is documented and carefully considered, (3) ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with § 104.34.

Additionally, 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. The group of knowledgeable persons is often called a Section 504 Team.

School districts must have standards and procedures to evaluate students who may have a disability and need special education or related services. The evaluation of a student, however, must be individualized. Although Section 504 does not require a specific process, all LEAs must have standards and procedures that meet certain requirements.

• Specifically, the evaluation standards and procedures must ensure that:
• Evaluations consist of more than IQ tests;
• Evaluations measure specific areas of educational need. These could include speech processing, inability to concentrate, and behavioral concerns;
• Tests are selected and administered to the student in a manner that best ensures that the test results accurately reflect the student’s aptitude or achievement or other factor being measured, rather than reflect the student’s disability, except where those are the factors being measured;
• Tests and other evaluation materials are validated for the specific purpose for which they are used; and
• Tests are appropriately administered by trained personnel.

Generally, yes. Belonging to the LBGTQ+ community is not a disorder or a disability and thus would not qualify a student for special education and related services. However, if a student is diagnosed with the condition of gender dysphoria, and that condition negatively impacts their learning, they may meet the definition of a student with a disability which would qualify them for an IEP or 504 plan. Additionally, if a student is suffering from anxiety, depression, or other such conditions that may result from being bullied at school or not being accepted because of their sexual orientation and/or gender identity, then the student may be entitled to special education supports, services, and/or accommodations, as set forth in an IEP or 504 plan. Also, all transgender and gender non-conforming students, including the many who do not experience gender dysphoria, may separately be able to obtain a gender support plan to ensure their access to an inclusive learning environment. Further information is available below.