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Student Accommodations: Fundamental Alteration

Applicable state and federal laws require the University to take several specific steps when a student requests accommodations. Federal law is clear that the University must:

  1. engage in an individualized, interactive process with each student request for accommodations and avoid blanket statements or policies regarding accommodations
  2. not require the student to request their accommodation more than once
  3. not require students to negotiate their accommodation with faculty or instructors
  4. make the decision of whether an accommodation may fundamentally alter an essential course/ program objective by using a group of knowledgeable and trained individuals, including those in the program and in the EOC Office
  5. make fundamental alteration decisions using a thoughtful, careful, rational review of the course/program essential objectives and requirements, and
  6. consider alternatives and modifications that do not fundamentally alter the course/program even if it is not the accommodation originally requested.

Whether accommodations would fundamentally alter the nature of its service, program, or activity are reviewed on a case-by-case basis using the Fundamental Alteration Procedure outlined below.

Essential Objectives:

Essential course and program objectives are the core learning outcomes (such as skills, knowledge, or licensure requirements) that all students must demonstrate, with or without accommodations. They may be part of the interconnected curriculum of the degree or academic program.

These established essential objectives and requirements should:

  • Clearly articulate the overall purpose of the course or program.
  • Identify required mastery of specific skills, knowledge, principles, and concepts.
  • Convey the framework used to set academic and program standards.

If the EOC or an instructor is concerned that an accommodation may fundamentally alter an essential requirement or course objective of a course or academic program, the instructor must provide the EOC adequate information about the essential objectives to ensure a fair and thorough deliberation with appropriate campus professionals to allow EOC to determine whether the requested accommodation would fundamentally alter the course or program. In making that determination, the following deliberative process will be followed:

Fundamental Alteration Procedure:

  1. An EOC staff member will contact the instructor to request a copy of the syllabus and to gather information on the course format.
  2. With the instructor’s help identifying appropriate stakeholders, an EOC staff member will contact campus partners for additional information (i.e., faculty members/program staff within academic program/course, the Chair of the academic department, and other knowledgeable and relevant administrators).
  3. The relevant parties will provide information to the EOC office to aid in determining the reasonableness of the request. Such information will include details about the fundamental requirements of the course or program and the potential alternative accommodations for the student. This step will require a meeting facilitated by an EOC staff member.
  4. After considering all information available, the EOC will make a final determination and then inform the student of the final decision in writing. If the requested accommodation is not reasonable or an alternative option is identified, the EOC staff member will provide the student with written rationale.
  5. In accordance with the interactive process, the EOC will consider additional information submitted by the student.

To determine the essential requirements for your course/program, instructors must submit a written response or schedule a meeting with an Accommodation Specialist for us to gather the information presented below.

This action step must happen at least 5 business days after EOC outreach.

Instructors should also submit all relevant documentation, including the syllabus, professional association certification requirement, accreditation standard, and/or technical standard. This documentation will be reviewed to establish the essential objectives and to identify any link between the essential objectives and the requested modification.

Fundamental Alteration Prompt:

  1. What is the purpose of the course, and what are the fundamental course objectives and core outcomes and expectations of this course required of all students? Include information about the specific knowledge, principles, skills or concepts that must be mastered and demonstrated.
  2. Are there any essential methods of instruction, engagement, participation, materials, assessment methods uniquely fundamental to the nature of the course?
  3. Are you aware of an alternative option to achieve the same result?
  4. Which fundamental course objective(s) does the requested modification alter?
  5. What essential, practical function does this fundamental objective serve in the academic program?
  6. Are there any non-negotiable aspects of the course?
  7. Are there other sections available of this course?
    • If so, do other sections/instructors use different methods of instruction (e.g., remote attendance)?
  8. Are you aware of a similar modification made available to students with or without disabilities or in any other situation in the course/program previously?
    • If so, in what circumstances?
    • Would this be different?

Goal:

The goal of this procedure is to identify the essential objectives and requirements of the course or academic program, which are distinct from how the course has historically and currently is being taught. Through this procedure, methods of instruction and assessment may be examined to determine how the course or program information are delivered and whether there are opportunities for alternate format of materials, alternative teaching and learning methods, additional skills or strategies, and so on.

Conclusion of Analysis:

After thorough deliberation, the EOC Accommodation Specialist will inform both the instructor(s) and student of the final decision.

Denial or Alternative:

A written explanation will be provided in the notice prepared by the EOC Accommodation Specialist. In accordance with the interactive process, the EOC will consider additional information submitted by the student.

Contact Information:

For further assistance, contact the EOC at accessibility@unc.edu.