Prong Two: Record of Impairment

Individuals with a record or history of a physical or mental impairment that substantially limits one or more of the individual’s major life activities are protected from discrimination under Section 504. A student who no longer meets eligibility criteria for a special program for students with disabilities (a former IDEA-eligible student) is an example of someone who has a record of having had a disability. Denying that student the opportunity to participate in field trips because of a previous history of a disability is an example of discrimination under Section 504. Some of these “records of impairment” may also trigger Prong One protections, including a Section 504 accommodation plan, due to the ADAAA’s rule on impairments in remission.

Students described in Prong Two are protected from discrimination under Section 504, even though they are not individuals with a current disability under Section 504 (i.e., Prong One) for which accommodations may be necessary and therefore would not require an accommodation plan.

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MYTH: Every student who has ever been in special education is automatically eligible for 504 accommodations because the student has a “record of” a disability.

Next: Click to proceed to Prong Three: Regarded As Impaired.