A Guide for Faculty and Staff Working with Students with Disabilities
Section I: Legal Information and Institutional Policies
A. The Legal Requirements Pertaining to Reasonable Accommodations Include:
1. Section 504 of the Rehabilitation Act, 1973 Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds, including from the U.S. Department of Education. Section 504 provides, in pertinent part: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his 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 . . . "
The Office of Civil Rights (OCR) enforces Section 504 in programs and activities that receive funds from ED. Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies. The regulation implementing Section 504 in the context of educational institutions appears at 34 C.F.R. Part 104.
2. The Americans with Disabilities Act, 1990 (ADA) The ADA followed and expanded on a series of earlier federal and state laws that protected persons with disabilities from discrimination. Specifically, in the context of instruction, the ADA requires that a qualified student with a disability cannot be excluded or treated inequitably solely because of disability.
According to the ADA, a person with a disability
is someone
a) with a physical or mental impairment that substantially limits one
or more of the major life activities, or
b) with a record of such an impairment, or
c) who is regarded as having such an impairment.
Qualified individuals are those who meet the essential eligibility requirements for admission or participation in a program, service, or activity of a covered entity (e.g., the university) with or without reasonable accommodation or modification, such as (1) alteration of rules, policies, and practices; (2) removal of architectural, communications, or transportation barriers; or (3) provision of auxiliary aids. The key question in considering whether a student is "qualified" is: “Can the student perform the essential requirements of the program or activity, either independently or with reasonable accommodation, without fundamentally altering the nature of the program, service, or activity?”
Reasonable accommodation, in general, is any change or alteration in the environment or in the ways things are customarily done that would enable a qualified individual with a disability to enjoy equal access to the program, service, or activity, and that would not fundamentally alter the program, service, or activity or be an undue burden. What constitutes reasonable accommodation is determined on a case-by-case basis.
Undue burden is similar to the term "undue hardship" used in employment contexts, and is generally defined as a significant difficulty or expense. Similarly, what constitutes undue burden is determined on a case-by-case basis.
3. Wisconsin Statutes § 36.12 The Wisconsin Statutes provide that, "[n]o student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW system… because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status."
B. University and UW System Policies Pertaining to Reasonable Accommodations
“The primary purpose of the University of Wisconsin-Madison is to provide a learning environment in which faculty, staff, and students can discover, examine critically, preserve, and transmit the knowledge, wisdom, and values that will help ensure the survival of this and future generations and improve the quality of life for all. The University seeks to help students to develop an understanding and appreciation of the complex cultural and physical worlds in which they live to realize their highest potential of intellectual, physical, and human development” (Faculty Document 718, 1987).
Access and accommodation for students with disabilities are implemented at the University of Wisconsin-Madison in accordance with two policies passed by the Faculty Senate. They are:
(1) Faculty Document 1071 (1994)
Faculty Document 1071 reaffirms that "[d]isability should not be the basis for exclusion from educational programs. All students are entitled to an accessible, accommodating, and supportive teaching and learning environment. Responsibility for shaping the teaching and learning environment and maintaining the highest academic standards rests with the faculty.” This document also creates a network of AARCs to assist faculty in their responsibility.(2) Faculty Document 1143 (1995)
Faculty Document 1143 specifies the procedures to be followed in providing instruction accommodations. Faculty, either directly or in coordination with the McBurney Disability Resource Center, are expected to work with students to identify and provide reasonable accommodations. Such accommodations may be provided by the McBurney Center, directly by faculty, or through arrangements mutually agreeable to the student and faculty member. If the suitability or venue of a proposed accommodation is uncertain, the instructor should provide the best possible accommodation until the situation has been reviewed through established appeals processes unless doing so would constitute an undue burden on the faculty member or department or a demonstrably unfair advantage to the student.
At the University of Wisconsin-Madison, the rights and responsibilities of faculty have long been cherished as part of a tradition of faculty governance. Wisconsin Statutes § 36.09(4) states, "the faculty shall have the primary responsibility for academic and educational activities and faculty personnel matters." The purpose and governance of the University of Wisconsin-Madison dictate that faculty play a key role in accommodation. For this reason, the Faculty Senate has adopted the principle that "Faculty, either directly or in coordination with the McBurney Center, are expected to work with students to identify and provide reasonable instructional accommodations" (Faculty Document 1071, 1994).
(3) UW System Nondiscrimination on Basis of Disability Policy (page 38, 96-6)
“It is the policy of the University of Wisconsin System that no otherwise qualified individual with a disability shall be denied access to or participation in any program, service, or activity offered by the universities. Individuals with disabilities have a right to request accommodations. Individuals will receive appropriate accommodations to their needs in order to fully participate in or benefit from the university's programs, services and activities in a nondiscriminatory, integrated setting.”