ERIC Number: EJ877326
Record Type: Journal
Publication Date: 2009
Abstractor: As Provided
Reference Count: 11
History and Expansion of Section 504 Student Eligibility: Implications for School Nurses
Zirkel, Perry A.
Journal of School Nursing, v25 n4 p256-260 2009
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.
Descriptors: Federal Legislation, History, Disabilities, Elementary Secondary Education, Eligibility, Criteria, School Nurses, Role
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)