Fundamental Alteration Overview and Procedure

Overview 

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: 

1. 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), 
2. 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) 
3. 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), 
4. the group pursues a thoughtful, careful, rational review of the course/program essential objectives and requirements (OCR No. 01-16-2120), and 
5. 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). 

Essential Objectives and Student Learning Outcomes 

Essential course objectives, essential program objectives and student learning outcomes are key to understanding the fundamental nature of a course or program. Essential course and program objectives articulate the overall purpose of the course/program. Student Learning Outcomes identify what specific skills, knowledge, behaviors, etc. must be demonstrated by all students in this course/program. It is also helpful to give reference to any guiding frameworks or technical standards that informed the development of essential objectives and student learning outcomes.

Whether an accommodation may fundamentally alter an essential course/program objective is reviewed on a case-by-case basis using the following procedure, in alignment with JMU Policy 1331. Through this procedure, methods of instruction and assessment may be examined by a Fundamental Alteration Review Committee to determine how the course or program information is taught and whether there are opportunities for alternative teaching and learning methods, formats of materials, etc.

Procedure 

If a faculty member or Academic Unit Head (AUH) is concerned that an accommodation fundamentally alters an essential requirement or course objective of a course or academic program, the following procedure should be followed:

1. The faculty member and AUH immediately complete the Fundamental Alteration Preparation Form and submit it to the Office of Disability Services (ODS) at disability-svcs@jmu.edu. 
   1. Use the Example Fundamental Alteration Preparation Form, as needed.
2. ODS reviews all information submitted and coordinates a meeting for the Fundamental Alteration Review Committee of appropriate campus administrators (JMU Policy 1331, Section 3: Fundamental Alteration), as needed.  
   1. Appropriate campus administrators identified by ODS may include the Academic Unit Head, a faculty member within the academic program/course, an Instructional Designer, a representative from ODS, and other knowledgeable and trained administrators.  
   2. The campus administrators who are contacted to participate in the Fundamental Alteration Review Committee should respond promptly. A suitable alternative representative may be identified by ODS, when appropriate. 
3. The Fundamental Alteration Review Committee determines whether the accommodation fundamentally alters an essential requirement or course objective of a course or academic program, as well as any alternative accommodations. 
4. After the determination, ODS informs the student of the determination in writing. If determined to be a fundamental alteration, ODS will share any alternative accommodations identified. 
5. Student responds to ODS, and ODS continues the interactive process. 

Faculty and Academic Unit Heads may schedule a consultation, as needed, with an ODS staff member by calling 540-568-6705 or emailing disability-svcs@jmu.edu. 

Adapted with permission from Colorado State University and Stanford University.