Record academic adjustments requested for a student with a disability

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List each adjustment the file says was requested, the course or requirement it relates to, and what the file says was done. Record whether the file describes the institution as a public entity or as a recipient of federal financial assistance. Do not decide that an adjustment is required, and do not write a decision.

What the lawyer must review

You decide whether an adjustment is required. Title II, 42 U.S.C. § 12132, provides that no qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such an entity. The definitions of qualified individual and public entity were not opened. For a public entity, 28 CFR § 35.130(b)(7)(i) requires reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that the modifications would fundamentally alter the nature of the service, program, or activity. Paragraph (b)(7)(ii) refers to the regarded-as prong in § 35.108, which was not opened. Do not apply that limit from this note. Section 504, 29 U.S.C. § 794(a), provides that no otherwise qualified individual with a disability shall, solely by reason of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. For a recipient to which subpart E applies, 34 CFR § 104.44(a) requires modifications to academic requirements necessary to ensure the requirements do not discriminate on the basis of handicap against a qualified handicapped applicant or student. Requirements the recipient can demonstrate are essential to the instruction, or to a directly related licensing requirement, are not regarded as discriminatory. Modifications may include changes in the time permitted to complete degree requirements, substitution of specific courses, and adaptation of the manner in which courses are conducted. Paragraph (c) requires evaluation methods that measure achievement rather than impaired sensory, manual, or speaking skills, except where those skills are what the test purports to measure. Paragraph (d) requires steps so that a student is not excluded for absence of educational auxiliary aids for impaired sensory, manual, or speaking skills. Aids may include taped texts, interpreters, readers in libraries, and adapted classroom equipment. The recipient need not provide attendants, individually prescribed devices, readers for personal use or study, or other services of a personal nature. The section that states which recipients subpart E covers was not opened.

Written for / version

United States versionUS