Disability Accommodations in
Post-Secondary Education
ARCH Disability Law Centre
www.archdisabilitylaw.ca
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ARCH Disability Law Centre
WHAT IS ARCH?
• ARCH is a community legal aid clinic dedicated to
advancing the rights of people with disabilities in Ontario
• Call ARCH if you:
ARE A PERSON WITH A DISABILITY
and you
NEED ASSISTANCE OR HAVE A QUESTION ABOUT :
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your human rights
your attendant care services
your rights as a person living in a group home
your rights as a student or a worker
capacity to make your own decisions
Ontario’s Human Rights Code
• Ontario’s Human Rights Code guarantees everyone the
right to equal treatment without discrimination because
of disability in employment, facilities, the delivery of
goods and services, housing, contracts, and
membership in trade and vocational associations.
• The term “services” has been defined broadly to
include education.
• Students have a right to equal treatment in education
services while attending colleges and universities,
whether publicly or privately funded.
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What is “discrimination”?
Generally, “discrimination” means that:
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A person with a disability is treated differently
because of his or her disability AND this different
treatment hurts, harms, or has a negative impact
on the person with the disability
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It can also mean failing to take the individual’s
needs into account when designing a program,
policy or setting standard requirements.
What is “discrimination”?
Discrimination can include situations where:
• An education service provider fails to provide the
support, technology or to change the “normal” in order
that the student may reach her real potential.
• A rule or policy appears to apply to everyone equally,
but in reality has a negative impact on certain groups
of people when put into practice.
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What is “disability”?
• “Disability” is defined differently in different pieces of
legislation.
• Ontario’s Human Rights Code defines disability very
broadly. Encompasses all forms of disability.
• The definition also includes perceived disabilities. For
example, someone may assume that a person with a
communication disability who uses a Blissboard also has
an intellectual or learning disability because of the
limitations that are inherent in the use of a Blissboard.
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What is “duty to accommodate”?
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Education service providers have a duty to
accommodate. This means that they must
accommodate the disability-related needs of
students up to the point of undue hardship.
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“Accommodation” has been defined by the Supreme
Court of Canada as: “what is required in the
circumstances to avoid discrimination.”
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Accommodation refers to the prevention and
removal of individual and systemic barriers.
Examples of Accommodation
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A modified curriculum
Extra time for completing tests, exams and assignments
Alternative forms of evaluation
Academic materials in advance, and/or in alternative
formats
Provision of and training on adaptive technology
Assistance and supports in class
Modify the way the student is expected to complete the
essential requirements of a program
For grad students changing expectations of job
requirements of a TA or RA
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What is “duty to accommodate”?
The duty to accommodate has both a substantive
component and a procedural component.
• Procedural component:
• Refers to methods and steps taken to develop
and implement the accommodations.
• Substantive component:
• Refers to the appropriateness of the
accommodation, or whether it cannot be
provided because it would cause the
education service provider undue hardship.
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Duty to Accommodate
Procedural Component
Investigation
• The education provider’s obligation to investigate:
• Individualized assessment of the person with a
disability.
• Taking appropriate steps to sufficiently determine a
range of appropriate accommodations.
• Where necessary, consulting with experts and
other parties to assist in gathering and
understanding the relevant facts and information.
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Duty to Accommodate
Procedural Component
Delays in Accommodation
• Education service providers must make every effort to
ensure that accommodations are provided in a timely
fashion. Timeliness depends on context.
• Interim accommodations must be provided in the event
that the necessary accommodations cannot be provided
promptly.
• Alternative accommodations must be provided in the
event that the appropriate accommodation is no longer
available.
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Duty to Accommodate
Procedural Component
Ongoing Obligation to Ensure Appropriateness
• Disability is not static. Therefore, accommodations must
be monitored, evaluated, and changed over time
• The duty to investigate also applies to situations where
education service providers identify the need to modify
an existing accommodation.
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Duty to Accommodate
Substantive Component
• The accommodation must be appropriate and
individualized. It must also respect the dignity of the
student.
• Accommodations depend on context, and on the
individual needs and strengths of the student with a
disability.
• What is appropriate for one student may not be
appropriate for another student.
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Duty to Accommodate
Substantive Component
• Accommodations must be provided, unless the
education service provider can prove that it would cause
undue hardship
• Undue hardship under the Human Rights Code
includes a consideration of:
• Whether the cost of the accommodation is prohibitive.
• Whether any outside sources of funding are available.
• Whether the accommodation would violate any health or
safety requirements or pose a health and safety risk.
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Responsibilities of the Student
• Tell the education service provider about your disabilityrelated needs. If you are not comfortable stating what
your disability is, you can request accommodation
without having to identify your specific disability.
• Tell the education service provider what
accommodations you require so that it can implement
the appropriate accommodations.
• Collaborate with the education service provider to come
up with suggestions about the ways in which you can be
accommodated by providing helpful information,
answering questions, and participating in discussions.
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Responsibilities of the Student
• Information gathering and sharing most often done
through the disability services offices
• Disability services often drafts accommodation plan and
delivers to instructors as needed
• Students provide best possible documentation. Often
may need to provide more detailed and specific
information about accommodation needs from your
medical or psychological professionals
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Recent Supreme Court Decision on Duty to
Accommodate in Education
Moore v. British Columbia (Education)
• Goal of education is that “all students should be afforded
opportunities to develop their full potential
• Educational institution must show that “it could not have
done anything else reasonable or practical to avoid the
negative impact on the individual…accommodation is not
a question of mere efficiency”.
• Accommodations are not a dispensable luxury… it is the
ramp that provides access to the statutory commitment
to education made to all
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Policies on Accommodating
Students with Disabilities
Each Academic Institution has its own Policy or Directive
RYERSON
Policy Number: 159
“ACADEMIC ACCOMMODATION OF STUDENTS WITH DISABILITIES”
Fairly extensive policy that sets out roles of students, access centre,
instructors, department chairs and directors, deans, registrar, financial
services etc.
Sets out steps for resolution of disagreements.
Access Centre and Instructor

Chair

Dean

Vice Provost Academic
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There are set timelines for each step
Policies on Accommodating
Students with Disabilities
RYERSON
IV. PRINCIPLES
The University is committed to preserving academic freedom and
its high academic standards. The University will provide academic
accommodations to assist students with disabilities to fulfill the
academic requirements of their programs without alteration in
academic standards or outcomes. The nature and extent of
accommodations shall be consistent with and support the integrity of
the curriculum and the University’s academic standards.
The University re-affirms that all students are expected to satisfy the
essential requirements of their program of studies and
recognizes that students with disabilities may require academic
accommodations to do so, including alterations to how the student
demonstrates that she or he has acquired the necessary knowledge
and skills.
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Policies on Accommodating
Students with Disabilities
University of Toronto
Accommodation Policy?
“Procedural guidelines for the accommodation of students, staff and
faculty with disabilities”
“Commitment Regarding Persons with Disabilities”
The University re-affirms that all individuals are expected to satisfy the
essential requirements of their program of studies or employment, while
recognizing that students and employees with disabilities may require
reasonable accommodations to enable them to do so. The University is, as
always, committed to preserving academic freedom and its high level of
academic standards.
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Policies on Accommodating
Students with Disabilities
George Brown College – “Disability Services Office
Policy”
Outlines legal rights and obligations
How to access accommodations
Types of Disabilities
Types of Accommodations
Detailed Disability services handbook
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Role of Accessibility Services?
• Need to Register
• Need medical documentation – in some instances the
service’s website lists specific documentation needed for
certain disabilities
• Letters of Accommodation created through on-line
process
• Do they advocate for students?
• Often will not challenge or push on decision of Graduate
School, Faculty of Law or Business School
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Issues that Arise
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Confidentiality
Delay
What is role of Accessibility Services
University Policy and Appeal Process
Challenging a Professor
Role of Graduate Students as Students, Agents of
Institution and Employees of Institution
• Academic Integrity
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What do I do if I’m not receiving
the accommodations I need?
• Use the OHRC Guidelines on Accessible Education to help you
negotiate with the college or university for accommodations. The
Guidelines can be found at
http://www.ohrc.on.ca/en/resources/Guides/AccessibleEducation.
• Review the Policy on Accommodating Students with Disabilities for
your academic institution.
• Discuss with Accessibility Services and determine the best process
to take to next level
• Call ARCH for legal information and advice.
• Consider whether making a human rights application to the Human
Rights Tribunal of Ontario would be appropriate.
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In Summary
• Human rights law applies in the everyday
delivery of education services.
• Human rights law is not limited to the human
rights process, but can be used as an advocacy
tool to help students get appropriate
accommodations and be included in school.
• Ideally, a human rights approach to education is
not adversarial but collaborative and
constructive.
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Scenario #1, Part 1
Tom is a student who uses a wheelchair.
He is enrolled in an industrial design
program at a local college. Tom does well
in his first year of the program and
receives accommodations. But in his
second year, Tom cannot access the
equipment he needs to use for
assignments. The equipment is designed
to be used by someone who is standing.
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Scenario #1, Part 2
Tom requests the use of a different
machine which allows him to use the
machine from a seated position. The
instructor tells Tom that he can use a
different machine, but gives Tom a failing
grade on the assignment because he has
not demonstrated that he can use the
designated equipment.
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Scenario #2, Part 1
Molly is a dental hygiene student about to
do her practicum. She has a physical
disability due to a car accident that affects
her motor skills and speech. The college
staff express concern that Molly will not be
able to complete the practicum due to her
“mental challenges”.
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Scenario #2, Part 2
Molly requests that the two-week practicum be
expanded to four weeks for her so that she can
work 4-hour days instead of 8-hour days to
accommodate her disabilities. The college staff
agree that the practicum can be extended, but
do not notify Molly of their decision. Molly thinks
the accommodation cannot be provided and fails
the practicum for disability-related reasons when
she attempts to work 8 hours a day.
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Scenario 3
Student with autism has a companion
working dog. Dog is trained and ready to
assist student in the classroom.
Other student at the school has an allergy to
dogs?
Where does school administration owe the
duty to accommodate?
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THANK YOU
The information provided in these presentation materials is not intended to be legal
advice. Consult a lawyer or legal worker if you need legal advice on a specific matter.
The information in the presentation materials are current as of the date of the
presentation.
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