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or more major life activities, has a record of such an impairment
or
*is regarded as having such an impairment.

Although Section 504 does not explicitly define the term "substantially limitsa major life activity", the Office for Civil Rights has ruled that the phrase "substantially limits" is to be defined by the school district (Letter to McKethan. 23 IDELR Section 504 [OCR 1994]). Therefore the Scottsdale Unified School District has adopted the definition included in the Americans with Disabilities Act of 1990:

A major life activity is substantially limited if a person is "unable to perform a major life activity that the average person in the general population can perform" [29. CFR 1630.2(j)(1)(I)]. Therefore, the extent to which an impairment restricts a specific individual's activities, and the duration of that individual's impairment, must be considered."

OR

A major life activity is substantially limited if a person is "significantly restricted in the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that major life activity" [29.CFR 1630.2(j)(1)(ii)].

To determine whether a student's mental or physical impairment "substantially limits" the major life activity (of learning, writing, reading, etc.), the district should compare the student's academic progress to that of the "average child" of comparable age, not a child of similar intellectual potential.

A student is not "substantially limited" simply because the student is not reaching his/her potential.
-[T.J.W. by Butler v. Dothan City Board of Education(D.C. Alabama 1997), 26. IDELR 999]
-[Title 29, Code of Federal Regulation section 1630.2(j)]

*A determination of whether a student is substantially limited in the educational setting within the meaning of Section 504 will be based upon information from a variety of sources. Those sources may include, but are not limited to, the child's parents, teachers, school nurse, psychologist, Section 504 site coordinator, principal, counselors, etc. Any and all information submitted by the parent will be considered.

Definition of "MAJOR LIFE ACTIVITIES"
(Reg. 104.3 (j) (2) (ii))

"Major life activities" means functions such as:

*caring for one's self
*performing manual tasks
*walking
*seeing
*hearing
*speaking
*breathing
*learning
*working

The list of activities is calculated to include those basic activities

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