A request for accommodative support through the Goldman Center is not transactional, but interactive. Through an interactive process, the Goldman Center and student identify disability-related barriers which may exist in the educational environment and what existing University resources or accommodations may be indicated to remove that barrier. Pursuant to Section 504 of the Rehabilitation Act of 1973, institutions like Tulane must provide appropriate academic adjustments to prevent discrimination against students with disabilities.
Students with disabilities in post-secondary institutions, unlike students in secondary schools, are responsible for requesting academic adjustments. Students are expected to comply with Tulane's procedures for requesting an academic adjustment.
Each request will be considered on a case-by-case basis and requires examination of the student's disability and individual needs.
To obtain an academic adjustment (i.e., accommodation), the student must provide documentation of their disability, including information on how the disability substantially limits components of the student's learning.
Tulane is not required to make adjustments that would result in a fundamental alteration of its program or would impose an undue burden.
Fundamental Alteration
The Americans with Disabilities Act defines a "fundamental alteration" is a change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. Some examples of fundamental alterations in a University context include, but are not limited to:
- Modifying skills expected of students, such as notetaking and test-taking
- Modifying degree requirements, such as requesting course waivers
- Modifying procedures set by the institution, such as time ticketing for registration
- Modifying attendance or syllabus policies
Every request submitted by a student will be individually evaluated individually. This process is called a fundamental alteration exploration.
Fundamental Alteration Exploration
The nature of certain accommodations requests, such as those listed above, means they automatically enter a fundamental alteration exploration. In this process, the Goldman Center individually reviews the student's request, taking into account their disability and individual needs as well as what resources and possible accommodations would adequately address the identified access barrier. Simultaneously, we look into how the accommodations request would change the expected outcomes of the course or program, such as degree requirements, key skills, and University procedures.
A crucial component of this assessment is the interactive process, wherein the Goldman Center considers the student's request, lived experiences, supporting documentation, and program expectations of the University. The Goldman Center also considers the recommendation of providers, but it is important to note that the Goldman Center considers recommendations within the scope of resources and University mandates that providers may not be privy to. In this interactive process, the Goldman Center considers all routes of support to address barriers in the educational environment, including supports a student may not have considered in their initial request.
The Goldman Center is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. When a request would amount to a fundamental alteration, the Goldman Center will consider accommodations and supports which mitigate the impact of the barrier without removing the specific barrier.
What is the philosophy and legal guidance behind this process?
As stated by Section 504, no otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. With a program or activity being defined, in part, as (2)(A) a college, university, or other postsecondary institution, or a public system of higher education.
As outlined by 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).
The Department of Justice Office of Civil Rights provided additional guidelines, through various case rulings, as to the process of determining fundamental alterations. The school should respond to a students initial request for accommodations and examine their request on an individual level, avoiding overgeneralization (OCR No. 01-16-2113; 10-16-2203). Knowledgeable disability services team members must thoughtfully review the request and determine whether it alters the nature of the course or program (OCR No. 01-16-2120; 03-14-2248). Additionally, they must consider whether there are other accommodations, aside from those initially requested, that may suit the individuals' needs without fundamental alteration of the service (OCR No. 01-16-2120).
