The Amendments Act also requires, however, that in making that determination under Section 504, the beneficial effects of mitigating measures (other than ordinary eyeglasses and contact...
Search Results "Mitigating Measures"
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Substantial limitation
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§ 35.108 Definition of ‘‘disability.’’
(viii) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures....
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Sections 35.108(d)(1)(viii) and 36.105(d)(1)(viii)—Determination Made Without Regard to the Ameliorative Effects of Mitigating Measures
The statute provides an illustrative, and non-exhaustive list of different types of mitigating measures. Id....
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
(ii) provided examples of how restrictions on condition, manner, or duration might be interpreted and also clarified that the negative or burdensome side effects of medication or other mitigating...
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Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures Proposed §§ 35.108(d)(3)(ii) and 36.105(d)(3)(ii) set forth examples of the types of evidence...
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Emphasis on Limitations Instead of Outcomes
These commenters argued that the evidence frequently offered by those making claims of disability that demonstrate the time or effort required to achieve a result, such as evidence of self-mitigating...
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
of self-mitigating measures....
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§ 36.105 Definition of ‘‘disability.’’
(viii) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures....
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
A: Although school districts may no longer consider the ameliorative effects of mitigating measures when making a disability determination, mitigating measures remain relevant in evaluating...