Fundamental Alteration Review

FUNDAMENTAL ALTERATION REVIEW PROCESS

In accordance with the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, California Education Code Sections 67310 and 84850, Title 5 Sections 56000 et seq., and Citrus College Administrative Procedure (AP) 5140, Citrus College is committed to providing reasonable academic accommodations that ensure equal access for students with disabilities. As outlined in board policy (BP) 5140, disabled student programs and services (DSPS) serves as the primary provider of academic adjustments, auxiliary aids and support services designed to facilitate access and promote student success in accordance with federal and state law.

Reasonable accommodations are intended to provide equal access to the instructional and educational experience without lowering academic standards or altering essential aspects of a course or program. Students with disabilities are entitled to accommodations unless the institution can demonstrate that providing the accommodation would fundamentally alter course objectives, conflict with established technical standards or compromise essential functions of a course, program, service or activity.

WHAT CONSTITUTES A FUNDAMENTAL ALTERATION IN HIGHER EDUCATION?
Title 5, Section 56001(b) defines a fundamental alteration as, "any change to a course curriculum or course of study that is so significant that it alters the required objectives or content of the curriculum in the approved course outline of record."

PROCESS OVERVIEW AND LEGAL FRAMEWORK
When concerns arise regarding whether a requested accommodation would result in a fundamental alteration, disabled student programs and services is responsible for overseeing the fundamental alteration review and determining whether such accommodations are reasonable. This determination is made through an individualized, interactive process in collaboration with faculty and relevant college personnel. This process is intended to ensure that decisions are made through careful consideration of the accommodation request, the essential requirements of the course or program and applicable legal standards, while exploring whether an equally effective alternative accommodation can be provided.

Through resolutions reached in cases investigated by the U.S. Department of Education Office for Civil Rights (OCR), the federal government has established that institutions must:

• engage in an individualized, interactive process with each student request for accommodations and avoid blanket statements or policies regarding accommodations (OCR No. 10-16-2203);
• the student must not be put in the place of requesting their accommodation more than once and must not be left to negotiate their accommodation with faculty (OCR No. 01-16-2113);
• the decision of whether an accommodation may fundamentally alter an essential course or program objective must be made by a group of knowledgeable and trained individuals at the college within the program and the disability services office (OCR No. 01-16-2120);
• the group pursues a thoughtful, careful, rational review of the course or program essential objectives and requirements (OCR No. 01-16-2120);
• considers a series of alternatives and modifications that does not fundamentally alter the course or program even if it is not the accommodation originally requested (OCR No. 01-16-2120).

Instructors may not independently deny, modify or disregard an approved accommodation listed in a student's Academic Accommodation Plan (AAP). Any concerns regarding an accommodation must be referred to DSPS for review. Approved accommodations remain in effect until DSPS completes the review process and communicates a determination.