Must school districts consider “mitigating measures” used by a student in determining whether the student has a disability under Section 504?
Yes. A school district must consider a student’s use of mitigating measures in determining whether the student is substantially limited in a major life activity. “Mitigating measures” are devices or practices that a person uses to correct for or reduce the effects of that person’s mental or physical impairment. Examples include corrective eyeglasses and medications. A person who experiences no substantial limitation in any major life activity when using a mitigating measure does not meet the definition of a person with a disability and would not be entitled to FAPE under Section 504.
Related Questions
- Must school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?
- May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?
- What criteria are used to select school districts where I can have my block and/or student teaching experience?
