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Fundamental Alterations

  1. Creating an Accessible Class
  2. Accessibility in the LMS
  3. Fundamental Alterations
  4. Need-to-Know for Faculty

What is a Fundamental Alteration?

In higher education, a fundamental alteration is a change that would significantly alter an essential requirement of a course or academic program. If a faculty member is concerned that an accommodation fundamentally alters an essential requirement or course objective of a course or academic program, contact the Office of Accessibility.

Fundamental alterations may include:

  • Lowering academic standards
  • Removing essential skills or learning objectives
  • Waiving requirements related to health, safety, licensure, or accreditation

Important Things to Know

    • Determinations are made case by case
    • The focus is on what students must learn or demonstrate, rather than on traditional ways the course has been taught or assessed.
    • Changes to instructional methods or assessment formats are often possible and typically do not change the essential requirements of a course.

What if a Concern Arises?

  • Do not deny or alter an approved accommodation independently
  • Contact the Office of Accessibility. For adjunct or part‑time faculty, this process may also involve consultation with the Department Chair or Dean, as appropriate.
  • Adjunct faculty should route formal review through their Division Dean. 
  • Follow the Fundamental Alteration Procedure, which includes review by the Dean, faculty with relevant expertise, and the Office ofAccessibility (link to procedure)

Service Animals in Classrooms (coming soon)

Understanding Fundamental Alteration and Essential Requirements

As stated in Section 504 of the Rehabilitation Act:

  • No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
  • In its course examinations or other procedures for evaluating students' academic achievement, a recipient…shall provide such methods for evaluating the achievement of students who have a handicap that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where such skills are the factors that the test purports to measure).

Under the Americans with Disabilities Amendments Act of 2008, “A public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification” (ADA Title II Technical Assistance Manual). Through various Department of Justice Office of Civil Rights case resolutions, the federal government has clarified that colleges and universities 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/ 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; 03-14-2248),
  • the group pursues a thoughtful, careful, rational review of the course/program essential objectives and requirements (OCR No. 01-16-2120), and
  • considers a series of alternatives and modifications that does not fundamentally alter the course/program even if it is not the accommodation originally requested (OCR No. 01-16-2120).