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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. 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:
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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