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A student meets the requirement of being regarded as having impairment by establishing that
the student has been subjected to a prohibited act because of an actual or perceived physical
or mental impairment, whether or not the impairment limits or is perceived to limit a major life
activity. This provision shall not apply to a student’s impairments that are transitory and minor.
A transitory impairment has an actual or expected duration of six months or less.

A Multi-Disciplinary Team must meet as necessary to determine if an otherwise qualified
student’s mental and/or physical impairment substantially limits one or more of the student’s
major life activities.

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. Major life activities
also include 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.

An episodic or in remission impairment is a disability if it would substantially limit a major life
activity when active. Impairment that substantially limits one major life activity need not limit
other major life activities in order to be considered a disability.

The determination of whether the impairment substantially limits a major life activity shall be
made without regard to the ameliorative effects of mitigating measures such as:
 medication, medical supplies, equipment or appliances, low-vision devices (which do not
include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices,
hearing aids and cochlear implants or other implantable hearing devices, mobility devices,
or oxygen therapy equipment and supplies;
 use of assistive technology;

 reasonable accommodations or auxiliary aids or services; or

 learned behavioral or adaptive neurological modifications.

However, the ameliorative effects of the mitigating measures of ordinary eyeglasses or contact
lenses shall be considered in determining whether the impairment substantially limits a major
life activity.

To ensure compliance for all school decisions made under Section 504 and ADA, two
components are necessary. First, the parent(s) must always be notified of any meeting
scheduled to determine eligibility or subsequent meetings to make changes to the Section 504
Accommodation Plan. Secondly, the student’s Multi-Disciplinary Team must make service,

SDPBC Student Progression Plan 2017-2018 Page 46