Fundamental Alteration Protocol

The Center for Disability Access is the College’s designated agent for determining eligibility and coordinating reasonable and appropriate accommodations for students. The College is obligated to provide a reasonable accommodation unless such accommodation poses an undue financial or administrative burden (“undue burden”), poses a direct threat to health and safety (“direct threat”), or fundamentally alters the nature of a course, program, activity or service by modifying or invalidating an essential requirement (“fundamental alteration”). However, the essential requirements/ learning outcomes as stated should not screen out (or tend to screen out) individuals with disabilities, unless such criteria can be justified as necessary for the course, program, activity, or service.

The decision of whether an accommodation may fundamentally alter an essential requirement/ learning outcome of a course, program, activity, or service must be made by a group of knowledgeable and trained individuals at the College, including relevant faculty, administrators, and the disability services office (OCR No. 01-16-2120; 03-14-2248). This group must, at minimum:

• pursue a thoughtful, careful, and rational review of the essential requirements/ learning outcomes of the course, program, activity, or service; and
• consider a series of alternatives and modifications that would not fundamentally alter the course, program, activity, or service even if it is not the accommodation originally requested (OCR No. 01-16-2120).

In addition, the federal government has clarified that colleges and universities must engage in an individualized, interactive process with each student request for accommodations and avoid blanket statements or policies regarding accommodations (OCR No. 10-16-2203). Fundamental alteration determinations must similarly be conducted on an individualized basis and avoid blanket statements or policies.

Fundamental Alteration

A fundamental alteration under the ADA is a change that is so significant that it alters the essential nature or invalidates an essential requirement of the goods, services, privileges, advantages, or programs being offered.

Essential Requirement

In an academic context, an essential requirement is necessary to achieve a core learning outcome (skill- or knowledge-based) that all students must demonstrate, with or without reasonable accommodations, that is part of a larger interconnected curriculum related to a program or degree.

Established essential requirements will:

• clearly articulate the overall purpose of the learning outcomes of the course/program;
• identify required mastery of specific skills, knowledge, principles, and concepts;
• convey the framework used to set academic and program standards; and
• ensure a fair deliberation when determining if a requested accommodation would be a fundamental alteration.

Reasonable Accommodation

An academic adjustment, policy modification, auxiliary aid or service that facilitates equal access and meaningful participation for a student with a disability in any course, program, service, or activity at the College.

Academic Appeal

Related to course, degree or program, school, or college requirements.

Nonacademic Appeal

Anything that falls outside the scope of an Academic Appeal.

To objectively and deliberatively consider whether a reasonable accommodation would result in the fundamental alteration of a course, program, service, or activity of the College through the examination of relevant subject matter including, but not limited to, licensing or accreditation requirements, technical standards, disability-related needs, and accommodation methods.

Note: analysis of undue burden or direct threat should be addressed through separate protocols.

The Review Board will consist of the following representatives: 

1. Director of the Center for Disability Access or designee (Chair)
2. Dean, Department Chair, and/or Program Director from affected course or designee
3. Other relevant Dean, Department Chair, and/or Program Director

Additional relevant faculty or administrators may be included as warranted by the review, as determined by the Chair in consultation with the Office of the Provost. 
 

Records maintained by the Center for Disability Access (CDA) are considered educational records, regulated by the Family Educational Rights and Privacy Act (FERPA).  Student disability records, including documentation of a student’s medical condition, may contain private or sensitive information and will be treated as such.  Other information in a student’s educational record may only be disclosed on an as-needed basis to those with a legitimate educational interest.  For the purposes of this protocol, the Review Board may receive only the information necessary to make a reasoned determination, which may include a description of the student’s functional limitations, accommodation methods, and educational history where relevant.  Members of the Review Board may not disclose personally identifiable information, including medical information, to others without the student’s written consent unless otherwise required by federal law. 

In the event that a standing representative has a potential conflict of interest, they have a duty to disclose to the Chair and, depending on the nature of the conflict, may need to recuse themselves from the review.  A conflict of interest may emerge if the representative has a preexisting relationship that could preclude (or be perceived as precluding) an objective analysis or might otherwise compromise confidentiality requirements.

Prior to approving an accommodation, the Director of the Center for Disability Access may wish to convene the Review Board to proactively determine whether the proposed accommodation will constitute a fundamental alteration of a course, activity, program, or service at the College.

If a faculty or staff member believes there is a reasonable basis for determining that an approved or proposed accommodation would constitute a fundamental alteration of a course, activity, program, or service for which they are responsible, then the faculty or staff member should submit the following in writing to the Director of the Center for Disability Access as soon as possible: 

1. Identification of the essential requirement of the course, program, activity or service that is modified or invalidated by the accommodation;
2. Documentation that verifies the element in question is an essential requirement of the course, activity, or program (e.g. College-approved course descriptions, official policies, licensure or accreditation requirements, technical standards);
3. Explanation of how the accommodation constitutes a fundamental alteration by modifying or invalidating the essential requirement.
4. Optional: Recommendation of a similarly situated department or program that may be interested in participating in the review process. 

If the accommodation in question is already approved, it should continue to be provided to the student throughout the deliberation period until otherwise determined by the Review Board.

The Chair will convene the Review Board in a timely fashion, either upon consideration of an accommodation request that may pose a fundamental alteration, or the receipt of an assertion from a faculty/staff member. The Review Board may be convened at any time in the calendar year, typically within 5 business days of receipt of a fundamental alteration claim.  The Review Board may be convened through email, if necessary, to expedite the process.

Step 1: Verify Essential Requirements

The Review Board shall review official documentation relevant to the essential requirement and confirm that the essential requirement does not inadvertently screen out or tend to screen out individuals with disabilities by focusing on the characteristic of the protected class, rather than on the skill required. 
Once confirmed, the Review Board should answer the following:

• Is the essential requirement clearly documented in the official records of the course, activity, program, or service?
• Is it a rationally justifiable essential requirement, given the nature of the course, program, activity or service?
• Is it consistently and uniformly expected of or applied to all students?

If the Review Boards answers “no” to any of the above questions, then the element may not be an essential requirement and any proposed or approved accommodation would not constitute a fundamental alteration on that basis.

Step 2: Examine Impact of Accommodation

The Review Board shall review the accommodation description, policies, procedures, or other relevant administrative information and determine whether the accommodation invalidates, compromises, or waives the essential requirement. 

Step 3: Consider Alternatives

If the accommodation does invalidate, compromise, or waive the essential requirement, then the Review Board has a responsibility to diligently research other alternatives to address the disability-related barrier by consulting with other institutions, professional organizations, agencies, or advocacy groups that may have relevant solutions.  In so doing, the Review Board should consider whether there are alternate ways to demonstrate mastery or facilitate meaningful participation.

The Chair of the Review Board will consider the Board’s input and make the final determination whether the accommodation constitutes a fundamental alteration and shall document thoroughly its findings.  Final determinations are applied only to the specific student case and course that particular semester.

If the Chair determines that the accommodation does not constitute a fundamental alteration, the accommodation shall be enacted.  If it does constitute a fundamental alteration, the Chair will recommend equivalent alternatives that would not compromise the essential requirements of the course, program, activity, or service.  If no equivalent alternatives exist, the student may not be considered otherwise qualified to participate in the course, program, activity, or service.

The Chair will communicate the determination in writing to the student, original faculty or staff member asserting fundamental alteration, and/or other College personnel, as appropriate.  
 

Should the student wish to appeal the decision, they can submit a written appeal to Vice Provost, or designee (for academic* related appeal) or Vice President of Student Success, or designee (for non-academic* related appeal), within ten calendar (10) days of receipt of the determination letter, unless there is good cause for extension.

The written request for review must specify the particular substantive and/or procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the proposed plan. Furthermore, the appeal must be directed only to issues raised in the formal complaint as filed or to procedural errors in the conduct of the grievance procedure itself, and not to new issues.

Were the facts and criteria considered in the decision?

Were there any procedural irregularities that substantially affected the outcome of the matter to the detriment of the grievant?

Given the facts, criteria, and procedures, was there a reasonable basis for the decision?

Within ten (10) calendar days, unless there is good cause for extension, the Vice Provost, or designee (for academic related appeal) or Vice President of Student Success, or designee (for non-academic related appeal), will issue a decision to the student and provide a copy to the Fundamental Alteration Review Board Chair. The decision rendered by Vice Provost, or designee (for academic related appeal) or Vice President of Student Success, or designee (for non-academic related appeal) is final.

The above procedural steps do not limit the student or any of the College community members directly involved with the problem from attempting to informally resolve the matter at any time during the formal complaint process. The time frames detailed above may be adjusted for good cause (i.e., essential individuals and/or information are not readily available).

Use of this grievance procedure does not limit an individual’s pursuit of other remedies, including the right to pursue a complaint with the U.S. Department of Education, Office for Civil Rights by visiting their webpage or calling 800-421-3481 and/or the College’s Office of Institutional Equity by visiting their webpage or calling 401-456-8218.