FACULTY/STAFF QUESTIONING AN SDRC APPROVED ACCOMMODATION

As a classroom instructor you may question the utilization of a disability-related accommodation in your classroom.

As an instructor, you have a right to ask the student using a disability accommodation for evidence that the accommodation being utilized is an approved SDRC accommodation. SDRC students are advised of their right to request this documentation and are issued a "Determination of Accommodations" form which states which accommodations have been approved for the student by SDRC. If the accommodation you are questioning is not listed on this form then it is not approved for the student. If you should find this to be true, it would be more effective for you to alert SDRC so that we can counsel and correct the student within the parameters of applicable federal and state laws.

If, on the other hand, you question the merits of the accommodation that has been approved by SDRC (as evidenced in the "Determination of Accommodations" form), please contact SDRC immediately to have you concerns evaluated. You must continue to honor the approved accommodation until SDRC evaluates the evidence and alters its findings, if necessary.

Under both Section 504 and the ADA, there are two criteria under which an approved accommodation might be rescinded. These are:

1. If the requested accommodation would fundamentally alter a requirement of a course or program.

Under this exception, the institution must be able to demonstrate that core competencies or basic course requirements are essential to the instruction being pursued, and, if they were to be altered by an accommodation this would fundamentally change the nature of the program. Essential or integral course academic and technical requirements must be determined in a manner that takes into consideration the purpose of the instruction.

2. If the requested accommodation would cause the institution an "undue hardship" or, "undue burden".

Cost of an accommodation can be a reason to deny an accommodation under this principle of the law. However, resources of the entire University system (not SDRC) would be evaluated. Therefore, this excuse is a most unlikely defense for a State-supported institution.

Still, under this provision, we have the option of approving a less costly or more cost-effective accommodation than may have been requested by the student, if our solution will meet the requirements of the law.