Definition of a Disability

A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability if he/she has the disability, has a record of the disability, or is regarded as having the disability. Inherent in this definition is the concept that an impairment itself is not a disability; it is the interaction of the impact of an impairment and the demands of the environment that create a disability.

• A “physical impairment” means 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, genito-urinary, hemic and lymphatic, skill and endocrine.
• A ‘mental impairment” means any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disorders.
• An impairment which “substantially limits” refers to an inability to perform a major life activity, or a significant restriction as to the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person or to most people; the availability of some mitigating factor (such as a hearing aid for a person with hearing loss that brings hearing acuity within normal limits) is not considered when determining if the disability substantially limits the individual. These limitations are determined by considering (a) the nature and severity of the impairment, (b) the duration or expected duration of the impairment, and (c) the permanent or long-term impact resulting from the impairment.
• Major life activities are the most basic activities that the average person can perform with little or no difficulty. These activities include, but are not limited to, walking, seeing, learning, working, performing manual tasks, speaking, and hearing.
• An individual is “regarded as” having a disability if the individual has a record of an impairment or is perceived as having an impairment. This section of the definition is meant to protect individuals from discriminatory treatment based upon assumptions about perceived category membership.

An otherwise qualified person with a disability is a person who, with or without reasonable accommodation, meets the academic and technical standards requisite to admission or participation in the educational program or activity.