A fundamental alteration is a change that is so significant that it alters the essential nature of the approved course outline od record and the objectives of an individual course or course of study. Academic adjustment does not mean fundamental alteration.
Provision of an academic adjustment or auxiliary aid does not mean the institution is required to make a fundamental alteration to the course. In other words, providing academic adjustments or auxiliary aids cannot substantially modify the basic content, objectives, or goals of an assignment, course, program, or degree of study.
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.
Fundamental alteration case scenario
Failure to provide reasonable accommodation for 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.
Documentation
This academic adjustments policy and related procedures must be readily accessible to students, faculty and staff of the college. For example: it should be accessible and available on the college website and in the college catalog as well as in the DSPS (SAS) Office. In addition, the policy should be readily available upon request in alternate formats. It is critical that the initial, interim and final response to request for academic adjustments, auxiliary aids and services disputes be examined in a timely manner and be documented along with timelines for responding.