Are mental health impairments considered disabilities under the ADA and Section 504 of the Rehabilitation Act?
The definition of disability is the same under both laws. Neither law contains a list of medical conditions that are covered disabilities. Therefore, some students with mental health impairments will have a disability covered under the ADA and some will not. This means that some students with mental health impairments will be eligible to receive services from the school’s Disability Service Providers, and some will not. A student has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such impairment (EEOC, 1992). To be covered by the ADA, the impairment must substantially limit one or more major life activities. These are activities that an average person can perform with little or no difficulty. Examples are: walking, concentrating, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, and working. These are examples only. Ot
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