Information about Disabilities

The mission of JFK Partners is to promote the independence, inclusion, contribution, health, and well-being of people with disabilities and their families through consumer, community, and university partnerships. Through our work, we often find that there are numerous definitions of the concept of "disability." Below is a sampling of the many definitions of "disability."

1. International Classification of Impairments, Disabilities, and Handicaps (ICIDH)

Reference: International Classification of Impairments, Disabilities, and Handicaps: A manual of classification relating to the consequence of disease (1976) World Health Organization, Geneva.

Definition: in the context of health experience, a disability is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being.

Characteristics: Disability is characterized by excesses or deficiencies of customarily expected activity performance and behaviour, and these may be temporary or permanent, reversible or irreversible, and progressive or regressive. Disabilities may arise as a direct consequence of impairment or as a response by the individual, particularly psychologically, to a physical, sensory, or other impairment. Disability represents objectification of an impairment, and as such it reflects disturbances at the level of a person.

Disability is concerned with abilities, in the form of composite activities and behaviours, that are generally accepted as essential components of everyday life. Examples include disturbances in behaving in an appropriate manner, in personal care (such as excretory control and the ability to wash and feed oneself), in the performance of other activities of daily living, and in locomotor activities (such as the ability to walk).

2. Americans with Diabilities Act (ADA), Public Law 101-336,

Reference: Americans with Disabilities Act, Public Law 101-336 July 26, 1990 104 STAT. 327, SEC. 3. Definition. 42 USC 12102, SEC. 201. Definition. 42 USC 12115. Reference: TAM I-2.2(a)(i), TAM II-2.2000, TAM III-2.2000, 28 CFR 35.104

Definitions. 42 USC 12102, SEC. 201 Disability. The term disability means, with respect to an individual A. a physical or mental impairment that substantially limits one or more of the major life activities of such individual; B. a record of such an impairment; or C. being regarded as having such an impairment.

DEFINITION. 42 USC 12115. (2) Qualified individual with a disability. The term qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

A physical impairment is defined by the ADA as: "Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine." Neither the statute nor the regulations lists all diseases or conditions that make up "physical or mental impairments," because it would be impossible to provide a comprehensive list, given the variety of possible impairments.

A mental impairment is defined by the ADA as: "[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities." Neither the statute nor the regulations list all diseases or conditions that make up "physical or mental impairments," because it would be impossible to provide a comprehensive list, given the variety of possible impairments.

An impairment is a "disability" under the ADA only if it substantially limits one or more major life activities. An individual must be unable to perform, or be significantly limited in the ability to perform, an activity compared to an average person in the general population.

3. The Developmental Disabilities Act (DD Act)

Reference: The Developmental Disabilities Act, U.S. Code Citation: 42 USC 6000 et seq., HDS Regulations: 45 CFR 1385-1388, Sec. 102. Definitions, Title I-Programs for Individuals with Developmental Disabilities, Part A - General Provisions, Number 8 A-E.)

DEVELOPMENTAL DISABILITY.

The term `developmental disability' means a severe, chronic disability of an individual 5 years of age or older that -

A. is attributable to a mental or physical impairment or combination of mental and physical impairments;

B. is manifested before the individual attains age 22;

C. is likely to continue indefinitely;

D. results in substantial functional limitations in three or more of the following areas of major life activity -

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency; and

E. reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

4. Individuals with Disabilities Education Act (IDEA)

Reference: U.S. Department of Education. Federal Register/Vol. 64 No. 48/Friday, March 12, 1999/Rules and Regulations, Section 300.7 Child with a Disability

Child with a Disability

(a) General.

(1) As used in this part, the term child with a disability means a child evaluated in accordance with Secs. 300.530- 300.536 as having mental retardation, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, serious emotional disturbance (hereafter referred to as emotional disturbance), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under Secs. 300.530- 300.536, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part. (ii) If, consistent with Sec. 300.26(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.

(b) Children aged 3 through 9 experiencing developmental delays.

The term child with a disability for children aged 3 through 9 may, at the discretion of the State and LEA and in accordance with Sec. 300.313, include a child--

1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services.

5. Section 504 of the Rehabilitation Act of 1973, Public Law 93-112

Reference: Rehabilitation Act of 1973, Public Law 93-112, Statute 29 USC, Section 794.Disabilities Covered under Section 504). The following was taken from: http://www.ed.gov/offices/OCR/hq5269.html

DISABILITIES COVERED UNDER SECTION 504 The ED Section 504 regulation defines an "individual with handicaps" as any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. The regulation further defines a physical or mental impairment as (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The definition does not set forth a list of specific diseases and conditions that constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of any such list. The key factor in determining whether a person is considered an "individual with handicaps" covered by Section 504 is whether the physical or mental impairment results in a substantial limitation of one or more major life activities. Major life activities, as defined in the regulation, include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

The impairment must have a material effect on one's ability to perform a major life activity. For example, an individual who has a physical or mental impairment would not be considered a person with handicaps if the condition does not in any way limit the individual, or only results in some minor limitation. However, in some cases Section 504 also protects individuals who do not have a handicapping condition but are treated as though they do because they have a history of, or have been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. For example, if you have a history of a handicapping condition but no longer have the condition, or have been incorrectly classified as having such a condition, you too are protected from discrimination under Section 504. Frequently occurring examples of the first group are persons with histories of mental or emotional illness, heart disease, or cancer; of the second group, persons who have been misclassified as mentally retarded. Persons who are not disabled may be covered by Section 504 also if they are treated as if they are handicapped, for example, if they are infected with the human immunodeficiency virus.

WHAT ARE HIDDEN DISABILITIES? Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy. A disability such as a limp, paralysis, total blindness or deafness is usually obvious to others. But hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic illness involves a recurring and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure, or ulcers. Approximately four million students with disabilities are enrolled in public elementary and secondary schools in the United States. Of these 43 percent are students classified as learning disabled, 8 percent as emotionally disturbed, and 1 percent as other health impaired. These hidden disabilities often cannot be readily known without the administration of appropriate diagnostic tests.

6. Developmental Disabilities Services, Colorado Department of Human Services

Reference: General Comparison of Community Services, Developmental Disabilities Services, Colorado Department of Human Services.

Developmental Disability

Developmental disability means a disability that is manifested before the person reaches twenty-two years of age, which constitutes a substantial disability to the affected individual, and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation. Unless otherwise specifically stated, the federal definition of "developmental disability" found in 42 U.S.C. sec. 6000, et seq., shall not apply.

Impairment of general intellectual functioning means that the person has been determined to have an intellectual quotient equivalent which is two or more standard deviations below the mean (70 or less assuming a scale with a mean of 100 and a standard deviation of 15), as measured by an instrument which is standardized, appropriate to the nature of the person's disability, and administered by a qualified professional. The standard error measurement of the instrument should be considered when determining the intellectual quotient equivalent. When an individual's general intellectual functioning cannot be measured by a standardized instrument, then the assessment of a qualified professional shall be used.
  

Adaptive behavior means that the person has overall adaptive behavior which is significantly limited in two or more skill areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work), as measured by an instrument which is standardized, appropriate to the person's living environment, and administered and clinically determined by a qualified professional.
  

Similar to that of a person with mental retardation, in regard to adaptive behavior, means that a person's adaptive behavior limitations are a direct result of or are significantly influenced by the person's substantial cognitive deficits and may not be attributable to only a physical or sensory impairment or mental illness.

Developmental Delay

Developmental delay means the slowed or impaired development of a child who meets one or more of the following:

1. A child who is less than five (5) years of age at risk of having a developmental disability because of the presence of one or more of the following:

a) Chromosomal conditions associated with mental retardation,

b) Congenital syndromes and conditions associated with delay in development,

c) Metabolic disorders,

d) Prenatal and perinatal infections and significant medical problems,

e) Low birth weight infants weighing less than 1200 grams, or

f) Postnatal acquired problems known to result in significant developmental delays.

2. A child less than five (5) years of age who is delayed in development by 1.5 standard deviations or more in one or more of the following areas:

a) Communication,

b) Self-help,

c) Social-emotional,

d) Motor skills,

e) Sensory development, or,

f) Cognition.

3. A child less than three (3) years of age who lives with one or both parents who has or have a developmental disability.

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University of Colorado Denver

13121 E. 17^th Ave, C234

Aurora, CO 80045

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