A Clarification of Responsibility
Section 504, Subpart E of the Rehabilitation Act of 1973 states that no qualified person with a disability should be denied a benefit, opportunity, or participation just because of their disability. A person with a disability is considered qualified if, with or without reasonable accommodation, they meet the same eligibility requirements and standards of behavior and performance demanded of anyone else.
When following the law, it is common to focus on whether the person has documentation of their disability. However, proving the disability and the need for accommodation is only the first step. The accommodation request must also be considered reasonable.
Sometimes, a person with a disability may not need any accommodation to fully meet the eligibility criteria and standards required for inclusion. Other times, they may need a reasonable accommodation or modification to meet them. However, if the accommodation needed is beyond what is considered reasonable, then the person is not considered qualified, and it is not discriminatory to deny them the benefit or opportunity.
What is Considered a Reasonable Accommodation?
In the context of higher education, it is easier to define what is not reasonable and assume that if the accommodation needed does not clearly fall under those guidelines, it is most likely reasonable. There are four kinds of accommodations that are not considered reasonable:
An accommodation is not reasonable if it creates a serious risk to the health or safety of others. To prove this risk, the institution must show clear evidence of a significant danger. Simply having a disability does not mean there is a direct threat, and the chance that something may go wrong does not count as a major risk.
Under the ADA, the threat must be to someone else. A person with a disability has the right to take on their own risks, just like anyone else. For example, a blind person couldn't be stopped from joining a hiking class because they might trip, but they could be denied a spot in a scuba diving class where participants need to check each other's equipment visually.
In the academic context, an accommodation is not reasonable if it requires a major change to a key part of a course or a student's curriculum. The school must prove that the change requested is significant and that the part of the course or curriculum is essential. Deciding whether the change is substantial or essential may involve some judgment from administrators and service providers charged with making those decisions, but it is not unusual for the decision to be a fairly logical one.
From an administrative standpoint, an accommodation is not reasonable if it requires a major change in how the institution offers its services (in this case, educational opportunities and related resources). This might involve changes in how the course is delivered or what is being offered.
- For example, if a school does not have a distance learning program, it is not required to create one for a student with a disability who cannot attend in-person classes.
- However, it is reasonable to expect institutions of higher education to provide textbooks and handouts in alternate formats for students who cannot use standard print. This does not significantly change how education is delivered, since the goal is to give all students equal access to learning materials, regardless of their disability.
An accommodation is not reasonable if it causes a significant financial or administrative burden for the school. HOWEVER:
- Under Title II of the ADA (which covers all public colleges and universities), an accommodation is not reasonable if it creates an undue financial burden. However, when looking at costs, the government will consider the total resources available. This means the budget of the entire state, not just the department or school, will be used to judge if the cost is too high.
- In over 20 years of legal cases under Section 504 (which applies to public and private schools), the government has never allowed a college or university to deny auxiliary aids or services just because of the cost.
- On the other hand, some accommodation requests may cause an undue administrative burden. For example, asking the school to stop all construction work during the school term for someone sensitive to chemicals would not be reasonable, as the school needs to maintain its facilities for everyone. Similarly, asking the school to reschedule a class to fit a student's transportation needs is not reasonable, but asking for priority registration to get into a daytime class is.
When a Request is Deemed Unreasonable
It is important to remember that the institution only has to provide reasonable accommodations to ensure equal access for students with disabilities. If, after an interactive process, the accommodation is found to be unreasonable, it can be denied. However, saying "no" to an unreasonable request should not end the conversation. The school must continue working with the student to find a reasonable solution that provides equal access.