To meet the Section 504 definition of an individual with a disability, a student could also have a record of a disability.25 Having a record of a disability means that a person either has...
Search Results "Disability"
2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) 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; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Record of a disability
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Section 1630.4 Discrimination Prohibited
a disability was treated more favorably (disparate treatment), or was provided a reasonable accommodation that an individual without a disability was not provided....
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VI. Relationship of This Regulation to Revisions to the Equal Employment Opportunity Commission’s ADA Title I Regulation Implementing the ADA Amendments Act of 2008
The EEOC is responsible for regulations implementing title I of the ADA addressing employment discrimination based on disability....
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Handicap
Several commenters requested that the Department avoid use of the terms "handicap" and "handicapped persons", and replace them with the terms "disability" and "persons with disabilities"...
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Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
A student has a disability under Section 504 and Title II if a major life activity is substantially limited by his or her impairment....
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A. Executive Order 13563 and 12866—Regulatory Planning and Review
An association focusing on children with learning disabilities noted that students who manage their disabilities well often find that school districts challenge their IDEA claims of disability...
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Disability
and lymphatic, skin, and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities...
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Contours of Disability in America
Contours of Disability in America Disability has a history. In colonial America, persons with disabilities were often viewed as part of the “deserving poor.”...
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§ 35.101 Purpose and broad coverage
L. 110–325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities. (b) Broad coverage....
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§ 35.104 Definitions
Amend § 35.104 by revising the definition of ‘‘Disability’’ to read as follows: § 35.104 Definitions. * * * * * Disability....
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§ 35.108 Definition of ‘‘disability.’’
the definition of ‘‘disability.’’...
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§ 35.130 General prohibitions against discrimination
of ‘‘disability’’ at § 35.108(a)(1)(iii)...
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Sections 35.104 and 36.104—Definitions
Sections 35.104 and 36.104—Definitions The current title II and title III regulations include the definition of ‘‘disability’’ in regulatory sections that contain all enumerated definitions...
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Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General
Sections 35.108(a)(1) and 36.105(a)(1) Definition of ‘‘disability’’—General In the ADA, Congress originally defined ‘‘disability’’ as ‘‘(A) a physical or mental impairment that substantially...
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
of construction on how to apply the definition of ‘‘disability.’’...
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Sections 35.108(b) and 36.105(b)—Physical or Mental Impairment
, auditory processing disorder, visual processing disorder and nonverbal learning disabilities,’’ and recommended that the Department rephrase its reference to specific learning disabilities...
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Sections 35.108(c) and 36.105(c)—Major Life Activities
Paragraph 2 of the definition of ‘‘disability’’ in the Department’s current title II and title III regulations at 28 CFR 35.104 and 36.104 states that ‘‘major life activities’’ means functions...
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
A number of commenters representing persons with disabilities or the elderly recommended that the Department add a wide variety of other activities to this first list....
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Examples of Major Life Activities—Operations of a Major Bodily Function
Examples of Major Life Activities—Operations of a Major Bodily Function In the NPRM, the Department proposed revising the regulatory definitions of disability at §§ 35.108(c)(1)(ii) and...
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Rules of Construction for Major Life Activities
principles applicable to major life activities: ‘‘[i]n determining other examples of major life activities, the term ‘major’ shall not be interpreted strictly to create a demanding standard for disability...
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Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits
Sections 35.108(d)(1) and 36.105(d)(1)—Substantially Limits Overview. The ADA as amended directs that the term ‘‘substantially limits’’ shall be ‘‘interpreted consistently with...
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Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard
Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard In accordance with Congress’s overarching directive to construe the term ‘‘disability’’ broadly...
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Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
Congress did not intend for the threshold question of disability to be used as a means of excluding individuals from coverage....
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Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity Proposed §§ 35.108(d)(1)(viii) and 36.105(d)(1)(viii)...