Qualified individual with a disability
Qualified individual with a disability means: (1) Except as provided in paragraphs (2) through (4) of this definition, 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 recipient; and (2) With respect to employment, an individual with a disability who meets the definition of qualified in the Equal Employment Opportunity Commission's regulation implementing title I of the Americans with Disabilities Act of 1990, 29 CFR 1630.2(m). (3) With respect to childcare, preschool, elementary, secondary, or adult educational services, a person with a disability (i) Of an age during which nondisabled persons are provided such services; (ii) Of any age during which it is mandatory under State law to provide such services to persons with a disability; or (iii) To whom a State is required to provide a free appropriate public education under the Individuals with Disabilities Education Act; and (4) With respect to postsecondary and career and technical education services, 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 the recipient's program or activity.