Universities need not change essential academic requirements tied to instruction or licensing. However, flexible instructional methods, assignments, or assessments should be offered as reasonable accommodations based on course needs, often providing alternative ways to teach and learn the material.
Whether a requested accommodation would fundamentally alter an essential requirement of a course or program must be determined on a case-by-case basis and is not the sole determination of one instructor. The University has a responsibility to engage in an interactive process with knowledgeable parties to determine if an accommodation would pose a fundamental alteration. Institutions documenting their engagement in an interactive process generally receive substantial deference from courts and the Office of Civil Rights (OCR). The University must comply with these standards before deeming any requirement essential and denying accommodations. If a requested academic adjustment would fundamentally alter a course, the University must explore alternative adjustments that still accommodate the student.
The goal is to separate general expectations and what has always been done from the truly essential objectives and components of the course or program. Methods of instruction and assessment can be examined to determine how information is taught and what alternative opportunities are available for teaching and learning the information, the format of materials, skills, etc. Flexibility in achieving outcomes may be appropriate depending on the nature of the course and its requirements.
What should I do if I believe an accommodation would fundamentally alter an essential course requirement?
- Contact the student's Accommodations Specialist to discuss your concerns.
- Provide the ODS Executive Director (or designee) with your course's essential requirements. See "How are essential requirements determined?" below.
- Gather a group of knowledgeable parties to meet with the ODS Executive Director (or designee) for an interactive discussion of the requested accommodation and essential course requirements. Individuals recommended to be involved in this discussion include the instructor, Department Chair, additional instructors who teach the same course, and ODS staff.
- If it is determined that the accommodation would fundamentally alter essential course requirements, the Accommodations Specialist will notify the student of the final decision and engage with the student to determine reasonable alternatives that may be offered.
How are essential requirements determined?
Essential requirements are the core learning outcomes (including skills and knowledge) all students must demonstrate, with or without using accommodations, which are part of a larger interconnected curriculum related to a program or degree.
Establishing Essential Requirements:
- Clearly articulate the overall purpose of the course/program.
- Identify required mastery of specific skills, knowledge, principles, and concepts.
- Convey the framework used to set academic and program standards.
Before determining what constitutes a fundamental alteration, the University must ensure that a trained and knowledgeable group conducts a thorough review of the academic program and considers various alternatives for essential requirements, including possible modifications for individual students with disabilities.
Programs vary, but key factors in assessing a standard's necessity include the program's nature and purpose, its relationship to functional elements, allowance for exceptions or alternatives, its requirement in similar programs at other institutions, its importance for the vocation the program prepares students for, and its necessity for licensure or certification
Questions to ask when determining whether a requirement is essential
To ensure a fair deliberation when determining if a requested accommodation poses a fundamental alteration, the following should be considered in defining requirements and expectations:
- What are the instructor’s general class policies and how do they affect equal access determinations? Do these policies include how each individual disabled student’s access needs are determined and met?
- Does the granted accommodation directly correlate with the student’s disability or barrier?
- How has the college’s accommodation(s) or modification(s) been taken into consideration? What is ODS recommending and why?
- What is the course designed to do and measure?
- What knowledge is the instructor teaching and what activities are being used to determine or measure the student’s understanding, implementation, and expression of gained knowledge? For example, what is the test truly measuring and how does the requested accommodation affect or not affect this measurement?
- Does the requested accommodation lower the learning standards? If so, exactly how?
- Does the requested accommodation fundamentally alter the class requirement(s)? If so, be very detailed in describing how this is the case.
- Does the request give the student an unfair advantage over other students? In other words, is the request exceeding equal access? If so, exactly how? Please note that giving the student equal access to remove barriers does not provide an unfair advantage. The accommodation must actually exceed equal access by giving the student an unfair edge.
- Would the accommodation result in undue financial or administrative burden? If so, be very specific in describing how. Please note that burden determination must involve senior leadership or their designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.
- What other equally effective accommodation can be considered and provided that will offer equal access for the student if the instructor denies the requested accommodation?
- Does the appeal process afford immediate opportunity for the student to have their petition addressed in a timely manner in order to prevent irreparable harm to the student if their appeal prevails?
Program Level
- What are the requirements for licensing or professional accreditation?
- What skills or competencies will be needed within the field after graduation?