Course Substitutions or Waivers

Americans with Disabilities Act of 1990 / Section 504 of the Rehabilitation Act of 1973 Policy Advisory

Requests for Course Substitutions or Waivers

Release Date: March 2001

ISSUE: This office has been asked to clarify the responsibility of the university to require schools and/or programs to substitute or waive course requirements when a student has a documented disability that negatively affects the student's ability to perform in the required course.

Students with specific learning disabilities and some cognitive processing disorders have requested the accommodation of relief from certain course requirements, either in the form of a course substitution or the elimination of a specific course requirement. These requests most often involve either math or foreign language course requirements.

Regulations implementing Section 504 of the Rehabilitation Act of 1973 (Section 504) specifically list course substitution as a potential accommodation to be granted to students with disabilities. Subpart (a) states that a recipient [of federal funds] shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified disabled applicant or student. Academic requirements that the recipient can demonstrate are essential to the program of instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted. (Emphasis added.)

The Americans with Disabilities Act of 1990 (ADA) regulations support the above language, providing that, "A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

Caselaw interpreting these laws and regulations do not require program requirements. As to substitutions, caselaw suggests that colleges and universities need not necessarily always permit course substitutions, but that any decision denying such requests must be arrived at by engaging in an appropriately deliberative process. [See, Guckenberger v. Boston Univ. and Wynne v. Tufts School of Medicine.] Accordingly, programs should respond to requests for course substitutions by engaging in the following process:

1. The first issue is whether or not the student has a disability that (i) entitles him to the protections of the ADA and (ii) is related in a significant way to his ability (or lack thereof) to satisfy the academic requirement in issue.

A. The College Coordinator is the person who should request documentation of the disability.

B. The documentation should be submitted by the Coordinator to the appropriate subcommittee, as set forth in the existing policy. There are three possible outcomes:

(1) There is a finding that the student does not have a disability as legally defined.

(2) There is a finding of disability but the committee determines that the disability is not substantially limiting as it relates to the student's ability to learn the content of the course in question.

(3) There is a finding of disability that directly affects the student's ability to learn the course content in question.

C. If Outcome (1) or (2) is found, the accommodation of a course substitution or waiver should be denied. Only if there is a finding of Outcome (3), should the analysis continue.

2. Assuming that the Coordinator has determined that the student has a disability that would significantly impact the student's ability to complete a particular course, the next step is to approach the faculty members, department or committee responsible for the course requirement.

A. If the faculty is willing to provide a course substitution or waiver, then the accommodation process should proceed normally.

B. If the faculty are initially unwilling to make a course substitution or waiver, the Coordinator should lead them through the following required deliberative process.

(1) Review with whatever body/committee is responsible for your degree requirements WHY they have the requirement at issue. The faculty should be able to explain what skills and/or knowledge the student is expected to gain through completion of the requirement, and also whether the course is required for licensing in the particular field.

(2) Once the purpose of the requirement has been established, the faculty unit should then consider courses in other disciplines where the requirements and goals might approximate those of the course in question. Possible substitutes for a math requirement might include a philosophy course in logic or a computer programming course. Douglass College has determined that, for some students, a course in American Sign Language is an acceptable substitute for its second language requirement.

(3) After the alternatives have been examined, a reasoned judgment must be made about whether another course would be an acceptable substitution for the one from which the student seeks relief. This judgment should be made by faculty and /or administrators with responsibility for curriculum requirements.

(4) If, after engaging in the above-described deliberative process, a decision is made that there is no reasonable substitute for the required course, and that the elimination of the requirement would result in a fundamental alteration of the program of study, then the ADA and Section 504 do not require that Rutgers make a substitution or waive the course. Any such finding should first be reviewed with the Compliance Officer before being finalized.

5) However, if the decision is made that reasonable substitutes do exist, the opportunity to take the substitute course in satisfaction of the requirement should be given to the student and, in the future, to other, similarly situated students.

(6) Regardless of the outcome, the deliberative process should be well-documented, so that others who were not involved in the process can understand the alternatives considered and the reasons for the final decision.

 

Questions about this advisory or compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 should be directed to 732-932-7109, Donald C. Heilman.


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