Understanding Your Rights

What are Reasonable Accommodations?

Reasonable accommodations are modifications or adjustments to the learning environment that enable students with disabilities to have equal access to education. These accommodations are designed to remove barriers that might prevent students from participating fully in academic activities. Examples of reasonable accommodations include extended time on exams, note-taking assistance, accessible classroom locations and the use of assistive technologies. The goal is to provide students with the necessary support to demonstrate their abilities and achieve their academic potential without altering the fundamental nature of the course or program.

Determining when Accommodations are not Possible

While the aim is to provide accommodations whenever feasible, there are instances where certain accommodations may not be possible. Determining when an accommodation is not reasonable involves considering several factors:

  • Fundamental Alteration: If the accommodation would fundamentally alter the nature of the course or program, it may not be considered reasonable. For example, if an accommodation would change the essential requirements or learning outcomes of a course, it might not be feasible.
  • Undue Burden: If providing the accommodation would impose an undue financial or administrative burden on the institution, it may not be possible. This determination is made on a case-by-case basis, considering the resources available to the institution.
  • Health and Safety: If the accommodation would pose a direct threat to the health or safety of others, it may not be reasonable. This includes situations where the accommodation could create significant risks that cannot be mitigated.
  • Availability of Alternatives: Sometimes, an alternative accommodation that achieves the same outcome may be available and more feasible. In such cases, the institution may propose an alternative solution that still meets the student’s needs.

When an accommodation is deemed not possible, it is important for the institution to engage in an interactive process with the student to explore alternative solutions and ensure that the student’s needs are addressed to the greatest extent possible. This collaborative approach helps maintain an inclusive and supportive learning environment.

Students with disabilities have specific rights under federal laws that ensure they receive the necessary accommodations to access and participate fully in their college education. Here are the key rights:

Americans with Disabilities Act (ADA)

  • Non-Discrimination: Students are protected from discrimination based on their disability. This includes any actions that would unfairly disadvantage them in their educational pursuits.
  • Reasonable Accommodations: Colleges and universities must provide reasonable accommodations to students with disabilities. These accommodations are designed to remove barriers and ensure equal participation.
  • Equal Access: Students have the right to equal access to all educational programs and activities. This includes classrooms, libraries, labs and extracurricular activities.

Section 504 of the Rehabilitation Act

  • Free Appropriate Public Education (FAPE): Students are entitled to a free appropriate public education, which includes the provision of necessary accommodations and services.
  • Individualized Assessment: Schools must conduct individualized assessments to determine the specific needs of each student and provide appropriate accommodations.
  • Program Accessibility: All programs and activities must be accessible to students with disabilities, ensuring they can participate fully and equally.

Family Educational Rights and Privacy Act (FERPA)

  • Confidentiality: Students’ disability-related information must be kept confidential. Schools can only share this information with individuals who have a legitimate educational interest.
  • Access to Records: Students have the right to access their educational records, including any documentation related to their accommodations.

Process for Requesting Accommodations

  • Documentation: Students may need to provide documentation of their disability to receive accommodations. This documentation helps the school understand the student’s needs and determine appropriate accommodations.
  • Interactive Process: Schools are required to engage in an interactive process with students to determine the most effective accommodations. This involves open communication and collaboration between the student and the institution.

By understanding these rights, students can advocate for themselves and ensure they receive the support they need to succeed in their academic endeavors. It is important for students to be proactive in communicating their needs while working with their school’s disability services office to access their entitled accommodations.