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Americans with Disabilities Act and Independent …

Americans with Disabilities Act and Independent Schools Prepared for NAIS by: Maurice Watson, Partner, Husch Blackwell LLP. Deena Jenab, Partner, Husch Blackwell LLP. Debra Wilson, Legal Counsel, NAIS. August 2011. 2002-2011 National Association of Independent Schools TABLE OF CONTENTS. I. AN INTRODUCTION TO DISABILITY LAW AS IT APPLIES TO. Independent A. The Three Major Statutory Provisions ..1. B. The ADA ..2. C. The Structure of this Article ..2. II. THE ADA AS IT APPLIES TO STUDENTS ..3. A. ADA Prohibits Discrimination on the Basis of Disability with Regard to Student-Related Decisions and Activities ..3. B. Who Qualifies for Protections Under ADA? ..4. 1. Definition of Disability Under ADA ..4. 2. Examples of ADA-Covered Impairments ..5. 3. What Constitutes a Substantial Limitation on a Major Life Activity? ..6. 4. Necessity That Student Be Otherwise Qualified.

2 B. The ADA Only Titles I and III of the ADA apply to independent schools.2 Title I applies to employer-employee issues, and Title III applies to student and other public

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