ACCOMMODATION NEEDS OF STUDENTS IN POST SECONDARY EDUCATION –
POWERPOINT PRESENTATION
Slide No. 1
Disability Accommodations in Post-Secondary Education
ARCH Disability Law Centre
www.archdisabilitylaw.ca
Slide No. 2
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 :
• 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
Slide No. 3
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.
Slide No. 4
What is “discrimination”?
Generally, “discrimination” means that:
•
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
•
It can also mean failing to take the individual’s needs into account
when designing a program, policy or setting standard requirements.
Slide No. 5
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.
Slide No. 6
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.
Slide No. 7
What is “duty to accommodate”?
• 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.
•
“Accommodation” has been defined by the Supreme Court of Canada as:
“what is required in the circumstances to avoid discrimination.”
•
Accommodation refers to the prevention and removal of individual and
systemic barriers.
Slide No. 8
Examples of Accommodation
• 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
Slide No. 9
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.
Slide No. 10
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
Slide No. 11
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
Slide No. 12
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.
Slide No. 13
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.
Slide No. 14
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.
Slide No. 15
Responsibilities of the Student
• Tell the education service provider about your disability-related 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.
Slide No. 16
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
Slide No. 17
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
Slide No. 18
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
There are set timelines for each step
Slide No. 19
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.
Slide No. 20
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.
Slide No. 21
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
Slide No. 22
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
Slide No. 23
Issues that Arise
• 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
Slide No. 24
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.
Slide No. 25
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.
Slide No. 26
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.
Slide No. 27
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.
Slide No. 28
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”.
Slide No. 29
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.
Slide No. 30
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?
Slide No. 31
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.