Academic Accommodations, Fundamental Alteration, and Undue Burden
The following information is from the
Additional information related to Fundamental Alterations are included on the
Section 56027 - Academic Adjustments
Each community college district receiving funding pursuant to this subchapter shall establish a policy and procedure for responding to, in a timely manner consistent with Section 53203 of this division, requests involving academic adjustments. This procedure shall provide for an individualized review of each request. The procedure shall also permit the Section 504/ADA Coordinator/Compliance Officer, or other designated district official with knowledge of accommodation requirements, to make an interim decision pending a final resolution.
NOTE: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
What Constitutes a Fundamental Alteration?
A "fundamental alteration" is a change that is so significant that it alters the essential nature of the approved course outline of record and the objectives of an individual course or course of study. Academic adjustment does not mean fundamental alteration.
There may be times that the student requests an accommodation that a professor believes may compromise the academic integrity or create a fundamental alteration of the course and/or program. In such cases, the college must objectively seek to determine whether an accommodation fundamentally alters the nature of a course. To undertake this process faculty and DSPS staff will need to work together to:
- Identify the essential academic standards of the course as delineated in the course outline of record rather than in a syllabus for a particular class. These requirements address the very nature of the subject matter and are of the utmost importance in achieving the course/program objective.
- Articulate specific requirements that individual instructors believe are fundamental to teaching the course/program.
- Identify the unique qualities of the course/program in relation to its overall objectives and any program in which the course is required.
- Engage in "reasoned deliberation" as to whether modification of an assignment, course/program would change the fundamental academic standards, and
- Determine whether there are any options to the fundamental requirements of the assignment, course/program. For example do all instructors teaching the same course have the same requirements?
- Why is the standard that the instructor believes will be lowered important to the course/program?
- Will the requested accommodation lower the academic standards of the course/program?
- Can a different method or requirement that will not be altered by the accommodation achieve the required academic or pedagogical result? Consult with peers on the DSPS listserv, CAPED or AHEAD for guidance. It is important to note that the fact that a requested accommodation has not been made before or is not typically being made, is not sufficient to constitute a fundamental alteration.
- The decision to assert a fundamental alteration and deny an accommodation should not be taken lightly. Institutions have found themselves in legal trouble for devoting insufficient thought to the conclusion that a requested accommodation should be denied. If the college seeks to be well prepared to address potential discrimination complaints, it is essential that a thorough, deliberative, fair, and well-documented process be undertaken to determine if a requested accommodation represents a fundamental alteration to the curriculum.
Answering the above questions and documenting the process will allow instructors to establish that they have carefully evaluated the awarded accommodation and the course/program objectives. Failure to provide a reasonable accommodation to a student with a disability is a violation of law, putting in jeopardy an institution's federal funding. However, disability laws also require that students with disabilities meet the "essential," "academic," and "technical" standards of the class/program/college.
Situation: A student who is blind enrolls in a math class and requests that the instructor verbalize what s/he is writing on the board or overhead.
Fundamental Alteration or Not? NO. Under the law and regulations, the faculty member would be legally required (as well as ethically obliged) to make an adjustment in presentation of course material by verbalizing what is written on the board or overhead. Pointing and referring to "this" and "that" as written on the board would not give the student with a visual disability equal access to the instruction. An added benefit is that verbalizing material rather than just writing it can assist all students because the information presented is more explicit.
Situation: A student with a reading disability requests that the instructor provide information about obtaining the textbook that will be used in an upcoming semester in a digital format.
Fundamental alteration or Not? NO. Faculty are expected to meet the bookstore deadlines for textbook adoption. This is not an accommodation as such. It is simply a request for information, but timely textbook adoption is critically important for students with visual or reading disabilities. In cases such as this, it is highly advised that classroom faculty to consult with the DSPS office for further assistance.
Situation: A student in the occupa