The University of Oregon is committed to ensuring that students with disabilities are provided with full and equal access to its programs, services, and activities. This commitment includes making alterations and adjustments to courses or programs unless doing so would (a) modify academic requirements that are essential to the instruction being pursued or directly related to a licensing requirement, (b) lower academic standards, or (c) substantially alter the course or program (i.e., fundamentally alter the nature of the course or program). Academic Accommodations that present a fundamental alteration or undue burden are rare, and these defenses may only be used to deny an accommodation after careful consideration by relevant University officials.
Under the Americans with Disabilities Amendments Act of 2008, “A public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification” (ADA Title II Technical Assistance Manual). Through various Department of Justice Office of Civil Rights case resolutions, 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),
- the student must not be put in the place of requesting their accommodation more than once and must not be left to negotiate their accommodation with faculty (OCR No. 01-16-2113)
- the decision of whether an accommodation may fundamentally alter an essential course/ program objective must be made by a group of knowledgeable and trained individuals at the college within the program and the disability services office (OCR No. 01-16-2120; 03-14-2248),
- the group pursues a thoughtful, careful, rational review of the course/program essential objectives and requirements (OCR No. 01-16-2120), and
- considers a series of alternatives and modifications that does not fundamentally alter the course/program even if it is not the accommodation originally requested (OCR No. 01-16-2120).
Courts and the Office for Civil Rights will grant deference to professional and academic judgment in denying an accommodation on these bases only when the denial is rationally justifiable and where there is a factual record of a thoughtful review of the request for accommodation. Faculty must, in collaboration with the AEC, exercise careful and documented deliberation consistent with this guidance before denying any academic accommodation. In the event the University determines that making modifications would result in a fundamental alteration of a service, program, or activity, it will continue to engage in the interactive process to ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services.
A fundamental alteration assessment is only relevant after a specific accommodation has been approved by AEC (deemed logical and necessary to provide equitable access) based on the student’s disability. Once an accommodation has been approved, it is communicated to the relevant instructor or staff member. Many accommodations may be facilitated without much further discussion (e.g. 50% extended time on exams, breaks during class, etc.). Other accommodations require more discussion to determine how they can be reasonably and appropriately implemented (e.g. determining scope of flexibility with attendance policy and assignment deadlines for a specific class).
An assessment for fundamental alteration would only occur if a) the accommodation has been approved by AEC and communicated to the instructor/staff member; and b) the instructor/staff member states that they cannot provide the accommodation because it would compromise the nature of the course/program or lower/modify academic or program standards. The student’s needs must be met (i.e. the accommodation implemented) until an assessment of fundamental alteration is concluded.