\365 102.103 3 CFR Ch. I (1-1-2008 Edition) have preservation of historic properties (ii) Has a physical or mental impair- as a primary purpose. ment that substantially limits major Historic properties means those prop- life activities only as a result of the at- erties that are listed or eligible for titudes of others toward such impair- listing in the National Register of His- ment; or toric Places or properties designated as (iii) Has none of the impairments de- historic under a statute of the appro- fined in paragraph (1) of this definition priate State or local government body. but is treated by the agency as having such an impairment. Ittdividual with handicaps means any person who has a physical or mental Qualified individual with handicaps impairment that substantially limits means one or more major life activities, has a (1) With respect to preschool, elemen- record of such an impairment, or is re- tary, or secondary education services garded as having such an impairment. provided by the agency, an individual As used in this definition, the phrase: with handicaps who is a member of a (1) Physical or mental impairment in- class of persons otherwise entitled by cludes statute, regulation, or agency policy to receive education services from the (i) Any physiological disorder or con- dition, cosmetic disfigurement, or ana- agency; tomical loss affecting one or more of (2) With respect to any other agency program or activity under which a per- the following body systems: Neuro- son is required to perform services or logical; musculoskeletal; special sense to achieve a level of accomplishment, organs; respiratory, including speech an individual with handicaps who organs; cardiovascular; reproductive; meets the essential eligibility require- digestive; genitourinary; hemic and ments and who can achieve the purpose lymphatic; skin; and endocrine; or of the program or activity without (ii) Any mental or psychological dis- modifications in the program or activ- order, such as mental retardation, or- ity that the agency can demonstrate ganic brain syndrome, emotional or would result in a fundamental alter- mental illness, and specific learning ation in its nature; disabilities. The term "physical or (3) With respect to any other pro- mental impairment" includes, but is gram or activity, an individual with not limited to, such diseases and condi- handicaps who meets the essential eli- tions as orthopedic, visual, speech, and gibility requirements for participation hearing impairments, cerebral palsy, in, or receipt of benefits from, that pro- epilepsy, muscular dystrophy, multiple gram or activity; and sclerosis, cancer, heart disease, diabe- (4) "Qualified handicapped person" as res, mental retardation, emotional ill- that term is defined for purposes ofem- ness, and drug addiction and alco- ployment in 29 CFR 1613.702(f), which is holism. made applicable to this regulation by (2) Major life activities includes func- \365102.140. tions such as caring for one's self, per- Section 504 means section 504 of the forming manual tasks, walking, seeing, Rehabilitation Act of 1973 (Pub. L. 93 hearing, speaking, breathing, learning, 112, 87 Star. 394 (29 U.S.C. 794)), as and working. amended by the Rehabilitation Act (3) Has a record of such an impairment Amendments of 1974 (Pub. L. 93 516, 88 means has a history of, or has been Star. 1617); the Rehabilitation, Com- misclassified as having, a mental or prehensive Services, and Develop- physical impairment that substantially mental Disabilities Amendments of limits one or more major life activi- 1978 (Pub. L. 95\177502, 92 Star. 2955); and ties. the Rehabilitation Act Amendments of (4) Is regarded as having an impairment 1986 (Pub. L. 99\17706, 100 Star. 1810). As means used in this regulation, section 504 ap- (i) Has a physical or mental impair- plies only to programs or activities ment that does not substantially limit conducted by Executive agencies and major life activities but is treated by not to federally assisted programs. the agency as constituting such a limi- Substantial impairment means a sig- tation; nificant loss of the integrity of finished 368
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