REVISED RULE TO THE AMERICANS WITH DISABILITIES ACT

The Department of Justice issued a rule to amend the Americans with Disabilities Act (ADA) to incorporate statutory changes to the ADA, which were set forth in the ADA Amendments Act of 2008 and took effect on January 1, 2009. The rule took effect on October 11, 2016.

The Department of Justice is making changes to clarify the definition of “disability” in Title II and Title III regulations. The term disability shall be used broadly and should not demand extensive analysis. This expansion should allow more students with disabilities to qualify for a 504 Plan.
The revision also expands the definition of “major life activities” by providing a non-exhaustive list and including the operation of major bodily functions. The requirement that a disability “substantially limit” a major life activity shall also be interpreted broadly. If the impairment substantially limits an individual’s ability to perform a major life activity as compared with most people in the general population then it is a disability.

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