L’ACCOMMODEMENT DES ÉTUDIANTS ET ÉTUDIANTES EN SITUATION DE HANDICAP DANS LES
ÉTABLISSEMENTS D’ENSEIGNEMENT COLLÉGIAL *
Opinion adopted by the Commission des droits de la personne et des droits de la jeunesse March 2012
Increase in students eligible for college studies
 The result of educational reforms in the 1990’s which allowed students with special needs to be integrated into
regular stream primary and secondary school programs
 “Emerging population”: learning disabilities, mental health problems and ADD; fastest rising populations (pg. 1)
Data from 2 colleges (pg.21):
Students enrolled with disabilities
2005
860
2009
4309 (5X)
Students enrolled with ADD, mental health problems, learning disabilities
2005
186
2009
2143 (12X)
In Quebec: General and Vocational Colleges Act (pg. 26)
 There are currently no provisions obliging colleges to provide special services to disabled students (as stipulated
for primary and secondary levels).
Quebec Charter of Human Rights and Freedoms: recognizes the rights of the disabled and establishes the legal
framework that specifies the colleges’ responsibilities in this regard.

Article 10 prohibits discrimination founded on “a handicap or the use of any means to palliate (diminish or
minimize) a handicap” (pg. 27)
o “Handicap”: broad interpretation under the Charter (both physical and psychological, episodic and
temporary, mental health problems and learning disabilities) (pg. 32)
o “Use of any means to palliate”: broad interpretation (wheelchair, prosthesis, service dog, etc.) (pg.35)
o Prohibition of discrimination: means that the educational institution cannot refuse to admit any disabled
student who meets the established admission conditions or refuse to provide educational services; the
institution is required to show that all possible and reasonable measures have been taken to accommodate
such individuals
o The purpose of accommodation is to allow students with disabilities to demonstrate their ability to master
the content and skills required to successfully pass the course without disadvantage because of their
disability (decision of the Tribunal des droits de la personne de l’Ontario) (pg. 38)

Excessive constraint (undue hardship) (pg. 43)
o Organization of services: accommodation becomes excessive over time (increasing demands beyond the
accommodation), availability of human resources required, flexibility of schedule, availability and
adaptability of the facilities, number of students involved, respecting the Règlement sur le régime des
études collégiales
o Financial resources: cost of the accommodation vs. the capacity to pay, available grants, external financing
o Security and rights of other people: increased risk for the health and security of other people or the
disabled student (not just a belief based on experience or judgment, but real), state of vulnerability of those
exposed to the risk (children, the elderly, sick people), level of interference (repercussions must not be
trivial), morale and motivation of other students (not because of prejudice or stereotype), evaluation criteria
(whether it is possible to modify the program or evaluation)
Orientation of the student – advising as to a career choice (section 4.3.1)
 Prospective students are responsible for making an appropriate choice that could lead to a positive outcome
(pg.170)
 Particular attention should be given to the specific characteristics of the student, such as the type of handicap
and nature of the limitations, impact on training and on execution of professional tasks, incompatibility of certain
limitations with professional requirements, and the nature of certain adaptations that would be necessary in
order to integrate into the workplace milieu. This would help determine the range of programs that could be
considered by the student. (pg.96)
 It is very important to inform prospective students of program and professional requirements.
___________________________________
* Daniel Ducharme (Ph.D. sociologie) and Me. Karina Montminy (conseillère juridique), Cat. 2.120-12.58
Individualized education plan (section 4.5.2)
 Students should declare their disability before entering the program so that an individualized education plan can
be made to ensure their right to equal treatment. This will allow identification and implementation of
accommodation measures that will enable the student to continue their education, take advantage of equal
opportunities to succeed, and eventually receive a diploma. This process would also inform the student of their
responsibilities, and of the requirements for successful completion of the program and entry to the profession.
(pg.146)
Admission criteria (section 4.3.5)
 If a prospective student is admissible, it is discriminatory to refuse the student solely on the basis of his/her
disability. Once admitted, all reasonable measures of accommodation must be offered to palliate the disability
and give the student an equal chance of success. (pg.37-38)
 If the College sets certain conditions for admission into a program, it must ensure that the conditions are in line
with the program’s objectives, that they are reasonably necessary to attain the objectives of the program, that
they are directly related to the standards and competencies that must be acquired, and that they are designed to
ensure that the candidate has the aptitudes necessary to succeed in the program. (pg.111)
 The criteria should be as inclusive as possible so as to not discriminate without justification.
Internships (stage) (section 4.7)
 Internship partner sites have the shared obligation to accommodate students; a student cannot be refused an
internship on the basis of a disability. Such refusal would be discriminatory under the Charter. (pg.159)
 Assistance must be maintained throughout the internship to monitor the student. (pg. 160)
 Students are responsible for understanding the aptitudes required to perform the necessary tasks in the
internship. (pg.160)
 If the accommodation in the internship represents an excessive constraint for the internship site, the student
could be refused (it is therefore reasonable to prepare the student in a way that will ensure his/her success in
the internship). (pg.161)
 If there is a real danger to the student or others (safety of patients, protection of the public), a student with a
disability can be refused; the danger must be real, not simply something that is believed to be a possible danger
based on experience or professional judgment. (pg.161-2)
 Because success in the internship is an essential condition to obtain the diploma (and, if relevant, membership in
the professional order), the student’s progress must be closely followed in order to ensure that accommodation
measures are effective and that they give the student a fair chance at success (students with disabilities should
therefore be prepared as well as possible for the internship). (pg.163)
 Confidentiality: the student must disclose information relevant to their disability if they want an accommodation.
The College cannot inform the internship site of a student’s disability nor can the Professional order request this
information from the college.
 Professional orders cannot refuse admission of a graduate because of a disability (this would be considered
discriminatory). (section 4.7.3, pg.166)
Learning assessment and certification (section 4.8.1)
 The standards and objectives are the same for the disabled student as they are for the other students. (pg.170)
 The accommodation should not affect the quality of the diploma of studies. The performance criteria and
attainment of competencies are necessary to preserve the credibility of the certification process. (pg.171)
 Standards must be as inclusive as possible and must not disproportionately compromise a disabled students’
chance of success.
 If the standards themselves cannot be modified it may be possible to modify the context in which the
competencies are realized and the way in which they are evaluated, if the modifications do not compromise the
academic standards. (pg.172)
 The student cannot expect a perfect accommodation and the measures may not necessarily correspond to every
point requested by the student. There is some flexibility in formulating the measures that will be put into place.
The measures must be reasonable (not pose any undue hardship), and will vary according to the specific
circumstances of each case. (pg.42-43)
Respectfully submitted,
Karen Gabriele