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.
Author: Kristin Springer Attorney at law
I am an attorney who practices civil rights and education law in the Bay Area. I was admitted into practice in November 2000. In addition to my license to practice law, I am a trained mediator who has completed over 40 hours of training and participated in numerous mediations.
In August 2016, after taking five years off to homeschool my children, I made the decision to focus my practice on the civil and educational rights of students in the State of California. Having a child who had an individual education plan until he graduated, I know firsthand how difficult it can be to advocate for your child to receive an appropriate education. I represent students with disabilities in disputes with their school district about what is an appropriate education. My work includes claims under the IDEA, ADA, Section 504 of the Rehabilitation Act, and California Law.
I have experience in handling disciplinary matters, Title IX investigations, and civil harassment/TRO hearings.
If you would like to contact me, feel free to call my office at 925-551-1041.
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Kristin Springer, Attorney 