Requesting a Disability Related
Academic Substitution or Waiver
Section
504 CRF 104.44 states:
A
recipient shall make such modifications to its academic requirements as
are necessary to ensure that such requirements do not discriminate or have
the effect of discriminating, on the basis of handicap, against a qualified
handicapped applicant or student.Academic
requirements that the recipient can demonstrate are essential to the program
of instruction being pursued by such student or to any directly related
licensing requirement will not be regarded as discriminatory within the
meaning of this section.Modifications
may include changes in the length of time permitted for the completion
of degree requirements, substitution of specific courses required for the
completion of degree requirements, and adaptation of the manner in which
specific courses are conducted.
Procedures
at UWW
UW-Whitewater
has a process in place for a student to follow when requesting an academic
substitution or waiver.As required
by law, determinations of substitutions or waivers as reasonable accommodation
are considered on a case-by-case basis.
1.The
student must provide documentation verifying the disability to either the
Disabled Student Services (DSS) or Project Assist (PA) advisor.Once
the documentation is provided, the advisor will work with the student to
determine whether the situation warrants a request to the Dean or Department
Chair.
2.If
further action is warranted, the student will obtain a substitution/waiver
form from the Disabled Student Services (DSS) or Project Assist (PA) Office.
3.The
student provides a substitution/waiver form to the appropriate Dean or
designee for a general education course OR to the appropriate Department
Chair for a major or minor course.
4.If
the
request is for a general education course, the appropriate Dean or designee
will determine if the request is granted.If
the request is for a major or minor course, the Department Chair will determine
if the request is granted.Any questions
regarding reasonable accommodation will be referred back to the DSS or
PA office.
5.The
Dean or designee OR the Department Chair will place the documentation in
an appropriate confidential student file with a copy to DSS or PA.
Appeal
Process
Students
who wish to appeal an institutional decision or response relating to their
request for academic substitutions or waivers may do so by using the informal
portion of the Student Grievance Procedures.If
this option is utilized and results are unsatisfactory to the student,
the student may appeal that decision through the UW-Whitewater Policy on
Non-Discrimination on the Basis of Disability.Both
of these are published in the UW-Whitewater Undergraduate Catalog under
Legal Issues as well as on the UW-W website.
Institution
must consider requests for a substitution on a case by case basis.
Based
on federal law the student or institution must consider the following questions:
1.Does
student have disability covered by law?
The
DSS office determines this based on documentation provided by the student.
2.Is
student otherwise qualified?
If
the student meets admission requirements, the student is otherwise qualified
under the law.
3.Does
documentation support that the disability impacts performance area?
If
a student is requesting a substitution for an academic requirement due
to a disability, it is essential that the documentation provided by the
student makes it clear that due to the disability this academic requirement
would “have the effect of discriminating” against a qualified student.
4.Is
it an essential element of the curriculum?
It
is the responsibility of the faculty to make a specific determination as
to what constitutes an essential element of the curriculum and therefore
exempt from consideration for substitution.
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