Fundamental Alteration Review
What is a Fundamental Alteration?
A fundamental alteration occurs when an accommodation modifies academic requirements that are essential to the instruction being pursued or directly related to a licensing requirement, lowers academic standards, or substantially alters the course or program (i.e., fundamentally alters the nature of the course or program).
Determining whether an academic accommodation would constitute a fundamental alteration is decided on a case-by-case basis and requires careful and reasoned deliberation of the specific request prior to the refusal to provide such an accommodation. The university must examine the methods of instruction and assessment to determine how information is taught and what reasonable alternative opportunities are available for teaching and learning the information, the format of materials, and demonstration of necessary skills. Adapting how a specific course is conducted for a particular student may be appropriate depending on the nature of the course and the requirements identified in the course syllabus and/or program technical standards.
The Assistant Director/Accessibility and Testing staff member, or designee(s), may decide that the proposed academic accommodation would fundamentally alter a course/program after considering all resources available for use in the course/program. A written determination will contain the reason(s) for the decision and be sent via email to the instructor of record, student, and other parties as applicable.
Essential requirements are core learning outcomes that must be demonstrated by all students within a program with or without an accommodation. They are directly tied to the curriculum designed for a program or degree, and they convey the framework used to set academic and program standards.
Technical standards are the knowledge, skills, and abilities needed to be successful in the program. This includes parameters of what must be demonstrated to ensure safe and effective current practice in the field.
Instructors are both expected and required by federal law to honor the accommodations that are included on a student's Faculty Notification Letter. Faculty are strongly encouraged to consult with the Accessibility and Testing staff if they are unsure how to provide an accommodation, need assistance in providing an accommodation, or if they have concerns that the provision of a specific accommodation would fundamentally alter the course objectives of the University course. It is imperative that faculty follow the interactive process by submitting a fundamental alteration review
When an instructor believes an academic accommodation may constitute a fundamental alteration, they must submit a Fundamental Alteration Review Request within 3-5? business days from the date of receipt of the Faculty Notification Letter. Requests should be submitted to Emmie Gooch, Assistant Director, by emailing emmie@uga.edu.
Information to Include in the Request
- Provide the course ID, student name, and proposed accommodation(s) of concern.
- Articulate the specific requirements of the course/program that are fundamental to meeting the essential academic standards or objectives.
- Define the unique qualities of those specific requirements and their nexus to the essential academic standards or objectives.
- Describe how the proposed accommodation would fundamentally alter essential academic standards or objectives of the course/program.
Additionally, instructors should submit a copy of the course syllabus and/or other documents relevant to the review (e.g., graduate student handbook, guidelines on technical skills and program requirements).
Upon receiving a request for a fundamental alteration review, the Assistant Director will contact the instructor via email to schedule an interactive meeting to discuss the basis of the request and to gather information related to the items below:
- Core outcomes/expectations that are stated on the syllabus and required of all students, including specific knowledge, skills, or concepts that must be demonstrated.
- Aspects/requirements of the course that constitute a significant component of the learning process.
- Are there alternatives that could achieve the same result?
- Essential methods of instruction which are fundamental to the nature of the course.
- How are these methods of instruction tied to educational practice?
Are any methods of instruction non-negotiable? Do other sections use other methods of instruction?
Following the interactive meeting with the instructor, the Assistant Director will consult with the Department Head regarding the Fundamental Alteration Review Request and discuss the information collected concerning the course. The purpose of this consultation is to confirm the information collected accurately reflects the essential academic standards or objectives of the course, the department or college’s rationale as to why the proposed accommodation would constitute a fundamental alteration, and whether alternative accommodations are appropriate.
- Document how and why a proposed accommodation would lower the academic standards or require substantial program alteration. The University must provide the accommodation if it does not lower standards or substantially alter a program.
- Determine whether there are available alternative means a student could demonstrate the essential academic standards or objectives of the course. Document the discussion about proposed alternatives and why they were determined to be, or not to be, a reasonable accommodation.
If the faculty member and the DSO do not agree, they must work with their campus’ Designated Authority(ies)10 in accordance with the established escalation protocol for that campus. 4. Document the deliberative process as noted above and state who participated in the deliberation and who made the final decision(s). Retain this document in accordance with the UC Records Retention Schedule.
After engaging in the interactive process with the instructor and Department Head, the Assistant Director will conduct a review of all the information collected to determine if the proposed accommodation would fundamentally alter the course, as well as determine if there are available alternative means a student could demonstrate the essential academic standards or objectives of the course. The university must provide the accommodation if it does not lower the standards or substantially alter a program.
A written determination containing the reason(s) for the decision will be sent via email to instructor of record, student, and other parties as applicable. When it is determined that there is a disability-related barrier but the accommodation request is not reasonable (i.e., constitutes a fundamental alteration) and proposed alternatives are rejected by the student, Accessibility and Testing will continue to engage in the interactive process with the student and invite them to propose further alternative options for institutional consideration.
Instructors and students may appeal the decision from a Fundamental Alteration Review.