SECTION 504State College Area School District

LEGISLATIONTHE AMERICANS WITH DISABILITIES ACT OF 1990

Amended in 2008(Amendments effective Jan 1, 2009)

Significant Impact on Compliance withSection 504 of the Rehabilitation Act of 1973 and Chapter 15 of the Regulations of the Pennsylvania State Board of Education

AREAS OF IMPACT

Americans with Disabilities Act Amendments Act of 2008 amended the Americans with Disabilities Act of 1990 (ADA)…and

It also included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504, establishing a much broader interpretation

The Amendments Act does not require the U.S. Education Department to amend its Section 504 regulations, due to this conforming amendment

Implementation of Pennsylvania’s Chapter 15 Regulations is similarly affected.

EXPANDED DEFINITIONS—

Child or student with a disability (has a) physical or mental impairment that

substantially limits

one or more major life activities

(has a) record of such an impairment

is regarded by the school entity as having such an impairment

PHYSICAL OR MENTAL IMPAIRMENT

….one of developmental, physiological, or environmental origin, or any cosmetic disfigurement or anatomical loss, that has an objectively observable affect on the ability of an otherwise qualified student to access or participate in some aspect of the academic, non- academic, extracurricular, or ancillary programs, including food service, of the public schools, whether provided free of charge or for a fee or admission charge, excluding—

Conduct disorders or similar sociopathic disorders; and The illegal use or possession of a controlled substance,

when the school entity acts on the basis of such use or possession, unless the student who is or has engaged in such use or possession—

(…..UNLESS THE STUDENT WHO IS OR HAS ENGAGED IN SUCH USE OR POSSESSION—)

has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

is participating in a supervised rehabilitation program and is no longer engaging in such use; or

is erroneously regarded as engaging in such use or possession, but in fact is not so engaged.

MAJOR LIFE ACTIVITIES

Include, but are not limited to— Caring for oneself, performing manual

tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The term also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.