What does Substantially limits mean?
In order to be eligible for services under Section 504 and the ADA, a child must have a physical or mental impairment that substantially limits a major life activity. Substantially limits is not defined in the federal regulations. However, in a letter from the Office for Civil Rights (OCR), they state, this is a determination to be made by each local school district and depends on the nature and severity of the persons disabling condition. Additional guidance from the Americans with Disabilities Act states: significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity when compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. Substantially limits will be defined as: 1. unable to perform a major life activity that the average person in the general population can perform, or 2. significantly restricted as to the condition,
a. A disability that “substantially limits” one or more major life activities is one in which the individual is unable to perform a major life activity that the average person in the general public can perform. b. “Substantially limits” means the person is unable to perform a class of jobs–not just an individual job. It also means that the disability must be of a significant duration. Medical conditions of short duration, such as a broken limb, are not “substantially limiting.” c. Examples of major life activities: Walking, breathing, seeing, and speaking. Who is a “qualified individual with a disability?” • A person who, with or without reasonable accommodations, can perform the essential functions of the job.
