Fundamental Alteration

In limited circumstances, meeting accessibility standards may result in a fundamental alteration of a university program, course, or learning objectives.

Note: Faculty and staff are not authorized to make this determination independently and must consult with the Office of Compliance.

Determining fundamental alteration

Determining fundamental alteration is a collaborative, structured, and case-by-case process involving faculty or staff and disability professionals. It is a fact-driven assessment that distinguishes between conventional practices or ways of doing things and the essential components of a course or program. Determining fundamental alteration requires faculty and staff to identify the core program or course requirements, and disability compliance professionals providing guidance on legal standards and helping explore alternative ways disabled individuals can have an equal opportunity to meet program or learning outcomes.

The following steps outline the process you can expect:

  1. Determine the essential requirement
    • What is the specific skill, task, or function that must be learned or achieved?
      • The skill, task, or function should be what one needs to know or do, not how they need to do it unless the method is integral and required.
    • Why is it important?
      • It is directly related to course or program learning objective
      • It is required for certification or licensing that are part of the academic program
      • It protects the health and safety of others
    • Skills and objectives necessary for future employment are not valid reasons unless related to a university program’s certification or licensing requirement.
  2. Identify the accessibility feature causing conflict
  3. Consult
    • Contact colleagues, peers at other institutions, your department chair, and leadership to review
      • Is the skill, task, or function truly essential or based on precedent, tradition, or routine practice (“the way things have always been done”)?
      • Is the skill, task, or function focused on what must be learned or achieved or how something must be done (e.g., all participants must know different artistic elements versus measuring one’s sight abilities?
  4. Complete the Fundamental Alteration Request form to initiate a consultation with the Deputy ADA Coordinator.
  5. Once preliminary approval is provided by the Office of Compliance, final approval by the unit’s dean or divisional leadership is necessary. The ADA requires high-level approval.