Determining if an accommodation is a fundamental alteration
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 faculty member. 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.
Once an institution complies with these standards, the courts and OCR afford the decision reached by the institution substantial deference. The University must therefore comply with these standards prior to finding that any requirement is essential and that accommodations will therefore not be granted to students in meeting that requirement. Furthermore, if it is determined that a requested academic adjustment would result in a fundamental alteration, the University must then consider whether there are alternative academic adjustments that could accommodate a student without fundamentally altering the course.
What should I do if I believe an accommodation would fundamentally alter an essential requirement?
The following deliberative process must be followed if an instructor believes that an accommodation would fundamentally alter an essential requirement:
- Contact the student’s Accommodations Specialist to discuss concerns.
- An interactive process will take place with knowledgeable parties, to discuss the requested accommodation and essential requirements. Individuals recommended to be involved in a deliberative discussion include the Instructor, Department Chair, additional instructors who teach the same course, and accommodations staff.
- The Accommodations Specialist notifies the student of the final decision regarding the request for accommodation. The Accommodations Specialist engages in the interactive process 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.
Established 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 a formal determination can be made as to what constitutes a fundamental alteration, the University must take into consideration that decisions regarding essential requirements be made by a group of people who are trained, knowledgeable and experienced in the area; that a careful, thoughtful and rational review of the academic program and its requirements has been conducted; and that decision-makers consider a series of alternatives for the essential requirements, as well as whether the essential requirement in question can be modified for a specific student with a disability.
Every program is different, but factors to be considered in determining whether a standard is essential include the nature and purpose of the program; the relationship of the standard to the functional elements of the program; whether exceptions or alternatives are permitted; whether the standard is required in similar programs in other institutions; whether the standard is essential to a given vocation for which the program is preparing students; and whether the standard is required for licensure or certification in a related occupation or profession.
Questions to ask when determining essential requirements
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:
Course Level
1. 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?
2. Does the granted accommodation directly correlate with the student’s disability or barrier?
3. How has the college’s accommodation(s) or modification(s) been taken into consideration? What is ODS recommending and why?
4. What is the course designed to do and measure?
5. 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?
6. Does the requested accommodation lower the learning standards? If so, exactly how?
7. Does the requested accommodation fundamentally alter the class requirement(s)? If so, be very detailed in describing how this is the case.
8. 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.
9. 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.
10. 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?
11. 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 skills or competencies will be needed within the field after graduation?
- What are the requirements for licensing or professional accreditation?
Flexibility in instructional methods or assessment
Universities are not required to modify academic requirements that are essential to the instruction being pursued or directly related to a licensing requirement. However, flexibility in instructional methods, assignments, or assessment may be appropriate as a reasonable accommodation depending on the nature of the course and its requirements. Often, alternative opportunities are available for teaching and learning the information, the format of materials, skills, etc.
