Last week I described how we accommodate to provide for access, not success. I also explained that even if there is an access issue, an accommodation must be “reasonable.” We evaluate reasonableness through an “unreasonable” test (i.e., what isn’t unreasonable, is reasonable). One prong of this test is that if an accommodation would substantially change an essential element of the student’s curriculum or academic standards, then it is unreasonable.
I realize there is too much to say about flexibility in attendance and deadlines for one post, so I will discuss attendance this week, and deadlines next week. After that, we’ll be moving on to a topic other than accommodations for a change of pace.
Let’s look at the accommodation of flexibility in attendance in the context of what has been discussed so far regarding accommodations – whether there an access issue and whether it is reasonable.
What do other students have access to regarding attendance? The opportunity to attend class and experience whatever it is that happens in that class. The bar for assessing whether there is an access issue is whether the impact of the student’s disability makes it not possible to attend class. This is a high bar. It is not whether it is difficult for the student to go to class. If a student is hospitalized for a week due to his disability, we’ve clearly got an access issue. If a student is in his or her dorm room and would prefer not to go to class because they aren’t feeling well, this isn’t, in the context of the law, an access issue. We may feel bad for the student – as we would any student who doesn’t feel well. That is usually why professors allow a limited number of absences without penalty. Students with disabilities can use those as do all other students.
For the sake of argument, let’s say the determination is that there is an access issue. We still need to look at the reasonableness of not being in class. The Office of Civil Rights has given us a set of questions to consider regarding whether attendance is an essential element of a class:
- Is there regular classroom interaction between the instructor and students and among the students themselves?
- Do student contributions in class constitute a significant component of the learning process?
- Does the fundamental nature of the course rely upon student participation as an essential method of learning?
- To what degree does a student’s failure to attend class constitute a significant loss of the educational experience of other students in class?
- What does the course description and syllabus say regarding attendance?
- What is the method by which the final course grade is calculated?
In order to determine the answers to these questions, the disability services provider needs to have a discussion with each of the student’s professors. Upon review of these questions, it’s pretty clear that for a student at a large university in a lecture class of 400, attendance may not be essential, however in a small liberal arts college such as ours, it is almost always an essential element of the class. The question to the professor is then whether any additional absences beyond what they already allow would compromise the integrity of the course. It may be that one or two additional absences are reasonable, or it might not. This accommodation is not intended to permit a large number of absences. A student who is not able to attend classes within the given parameters of “reasonableness,” may not be what is considered under the law to be “otherwise qualified” to attend school at this time.
The picture that is starting to come together here demonstrates that higher education disability law has limits. As a college, we go above and beyond that in our efforts to support students and help them be successful. That is why, even when an accommodation isn’t possible, a professor may be asked by a student or class dean to be more flexible. Understand though, that is not a legal right. It is your consideration.
