In general, an Accommodation is "any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities." (Links to full texts of legislations are available on our Free Resources page.)
Individuals with qualifying physical or psychiatric disabilities are entitled to receive "reasonable accommodation" in employment and higher education.
This is a case-by-case analysis, but ultimately hinges on whether the requested accommodation is "unduly burdensome" on the higher education institution or employer.
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1) Those made during the job application process,
2) Those made to the work environment, and
3) Those that enable an individual with a covered disability to enjoy the same benefits and privileges of employment as similarly situated employees without a disability.
VisAble Individuals can assist you with requesting and obtaining all three.
The ADA requires an institution of higher education to provide accommodations to a qualified individual with a disability, provided that the accommodation does not:
1) fundamentally alter the nature of an academic program, or
2) create undue hardship to the institution.
Additionally, the educational institution is required to abide by the provisions of Section 504 of the Rehabilitation Act, which protects otherwise qualified individuals from discrimination on the basis of disability. To be considered "otherwise qualified," a student with a disability must be capable, either with or without accommodation, of fulfilling the "essential requirements" of the educational program.
VisAble Individuals can help throughout every phase of this often daunting process, including referrals to specialists, determining the best accommodations for each student's needs, drafting and submitting the accommodations request, supporting documentation, and appealing denials.
When it comes to K-12 education, Accommodations becomes a totally different ball game. We are no longer in ADA or ADAAA territory, as disabilities in K-12 are covered by the "Individuals with Disabilities Education Act" (IDEA).
Because we are now dealing primarily with children and minors, the burden on the individual with the disability to request a specific accommodation is shifted to the parents and the school to identify a child's disability, have the child evaluated, and determine what modifications to the standard curriculum are needed and can be met in order for the child to receive the same benefits of education as their peers without disability. This modified curriculum is called an "Individualized Education Plan," or IEP. Often, the school itself will identify the need for and IEP, but parents can also request that their child be evaluated for one at no cost.
There are 13 different disability categories as defined by IDEA, under which 3- through 22-years-olds may be eligible for services. In order to qualify for an IEP, the school's IEP Team must determine that a child has a disability in one of the 13 categories that adversely affects their educational performance. If a child is denied an IEP due to having a condition or disability not covered by one of these 13 categories, they may be eligible for a similar plan, called a "504 Plan." Additionally, parents have the right to appeal any denial by the IEP team. (For more detailed information, please visit our Free Resources page.)
VisAble Individuals is here to support Parents in this challenging journey, during which they must be the advocates for their children.