Normative Document E-0623-011

Introduction

It is the policy of the Inter American University of Puerto Rico to not discriminate on the basis of race, gender, disability, national origin, social condition, or political or religious beliefs. This policy also includes providing equal educational opportunities and full participation for students with disabilities.

This document defines reasonable modification, how to determine whether it is necessary to provide it, and what modification, if any, ought to be offered.

The General Counsel’s Office will be available to assist the Coordinators of Services to Students with Disabilities (CSSD) in all stages of the process of attending to reasonable modification requests.

Legal Basis

This normative document is promulgated by virtue of the authority conferred on the President by the Board of Trustees in the Bylaws of the University. It is also based on Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §701 et. seq. Rehabilitation Act of 1973; Vocational Rehabilitation Law of Puerto Rico, Law Num. 97 of June 10 2000; American with Disabilities Act. of 1990, 42 U.S.C. §12101 et seq. (1990); Law Num. 238 of August 31 2004, which establishes that no student with a qualified disability may be excluded from participating in a program or activity financed with federal funds because of his disability.

In 1990, the Americans with Disabilities Act (ADA) substantially extended accessible protection to students with disabilities. This Act not only prohibits discrimination because of disabilities, but also creates the obligation to offer reasonable modification to qualified persons and establishes the standards that all facilities open to the public, including universities, must follow.

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which went into effect on January 1, 2009, had the effect of expanding the conditions protected under ADA. These changes apply by reference to the provisions of Section 504 of the Rehabilitation Act.

Purpose

The purpose of this document is to assist university administrators to comply with applicable laws by establishing a procedure to attend to requests for reasonable modifications.

Scope

This normative document will be effective on all academic units of the University System.

Definitions

For the purposes of this document and in harmony with current regulations, the following terms or expressions will have the meaning described below:

4.1 Reasonable Modification - any adjustment to a study program or physical environment that allows students with disabilities to enjoy equal conditions to demonstrate academic achievement, participate in programs and benefits, and enjoy academic life. Any student with disabilities who meets the requirements established by law may request reasonable modification. The reasonable modification will be provided once the Reasonable Modification Certificate is issued.

4.2. Major activities - major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions, between others.

4.3 Undue hardship - an action that would represent a significant difficulty or expense for the University.

4.4. Certification of disability - all documentation provided by a qualified professional that describes the type of disability that a student has and how it affects a major life activity with the recommendation of the reasonable modification as appropriate.

4.5 Coordinator of services to students with disabilities (CSSD) -the person designated on each campus to attend to students’ requests for modification.

4.6 Disability - a physical or mental disability that substantially limits one or more major life activities. Under Section 504 of the Rehabilitation Act (1973) and the ADA Act, a student with a disability is defined as: 

4.6.1 a person who has a history or record of such disability, or

4.6.2 a person who is perceived by others as having such a disability.

4.7 Qualified student with a disability - a student who, with or without reasonable modification, can perform the essential functions related to the academic program in which he is enrolled and complete it satisfactorily.

4.8 Essential functions related to the academic program - all the basic or fundamental functions, physical and mental, required to satisfactorily complete an academic program. 

4.9 Transitory disability – a disability with an actual or expected duration of six months of less.

4.10 Specialized physician – a doctor admitted to practice medicine in Puerto Rico or the United States with a specialty in the area for which the modification is requested. The specialized physician must have clinical training in his or her area of ​​specialty to issue a patient's diagnosis.

4.11 Qualified professional - school or clinical psychologist with a current license in Puerto Rico or the United States to practice his/her profession.

4.12 President - the President of Inter American University of Puerto Rico

4.13 University or Institution - Inter American University of Puerto Rico, Inc.

V. Responsibilities

5.1 The responsibilities that the University has towards students with disabilities can be summarized, in general terms, as follows: guarantee access to and integration into the courses, programs, services, work, activities, and facilities; provide reasonable modification if requested in a timely manner, as established in this normative document; and maintain the confidentiality of the records and communications related to students with disabilities, including requests for reasonable modification.

5.1.1 The University is not required to admit or graduate a student who does not obtain the indicated academic index solely because he or she is a student with a disability.

5.1.2 The University is only required to provide the reasonable modification necessary so that a student with disabilities may participate in academic life on equal terms with students without disabilities. However, the University is not required to make reasonable modifications that represent an undue hardship for the University. Nor is the University required to provide personal equipment or services.

5.1.3 Once it is determined that a student with a qualified disability can receive a reasonable modification, the University has the obligation to:

5.1.3.1 Make the necessary changes in the academic requirements, unless the requested changes alter the essential requirements of the study program or accrediting agencies.

5.1.3.2 Conduct assessments and examinations in a manner that ensures that the results reflect the student's achievements.

5.1.3.3 Make the necessary modifications in its procedures, unless these would fundamentally alter the program or service offered.

5.1.3.4 Provide auxiliary aids unless these would fundamentally alter the program or constitute an undue hardship.

5.2 Responsibilities of students with disabilities who request reasonable modification:

5.2.1 Be qualified to carry out and complete the essential tasks of the academic program in which they enroll.

5.2.2 Submit the necessary documentation to the CSSD Office.

5.2.3 Comply with the provisions of the General Student Regulations, the General Catalog, and other institutional regulations.

5.3 Responsibility of the Professors: When a professor receives a request for a reasonable modification from a student, he must refer it to the CSSD for the official processing of the application (Appendix 2). When a professor receives the reasonable modification certification (Annex 4) issued by the CSSD, he/she is required to comply with what is recommended in the certification.

5.4 Responsibilities of the Coordinator of Services for Students with Disabilities (CSSD), regarding reasonable modification requests.

5.4.1 Verify that the student complies with the rules for requesting the services (Appendix 1). Submit the request for reasonable modification (Appendix 2). Include the Certification of Disability for Reasonable Modification when necessary (Appendix 3).

5.4.2 Determine the eligibility of students with disabilities to participate in the reasonable modification process, based on the evaluation of the documentation submitted (See Section VI).

5.4.3 Determine the appropriate modification for each student who submits a request.

5.4.4 Process the application and issue the Certificate of Reasonable Modification to the faculty (Appendix 4). If necessary, notify the professor and the corresponding department chair and dean.

5.4.5 Inform the student the date on which the approved modification.

5.4.6 Verify that the student receives the recommended modification.

5.4.7 Guarantee the confidentiality of the information regarding the disability.

5.4.8 Keep statistics of the services.

5.4.9 Advise and consult with the faculty when necessary.

5.4.10 Encourage students with disabilities to request reasonable modification at the beginning of their courses.

VI. Procedure for Determining Reasonable Modification

6.1 The first step in determining whether to grant a reasonable modification is to ascertain whether the student qualifies according to the law. That is, determine whether the student is affected by a condition that substantially limits a life activity.

6.2 To determine the reasonable modification, the University must:

6.2.1 Determine whether the student can comply with the essential requirements of the course or academic program, with or without reasonable modification, if evident from the medical documentation that he is a student with disabilities. The University reserves the right to request the student to submit to an additional medical evaluation, to be paid for by the Institution, before making a final decision on the reasonable modification request.

6.2.2 If a substantial alteration of the academic program is required, refer the information to the department chair for a pertinent evaluation and recommendation.

6.2.3 When a student requests changes to a current modification, determine whether that modification should continue while information is obtained to make the requested change. Establish a reasonable period for responding to the request.

6.3 To determine whether to grant a request for reasonable modification, the necessary documentation and an individualized evaluation are required. The documentation must describe the type of disability the student has and how it affects a major life activity.

6.4 The following criteria will be used to ensure that the documentation submitted is adequate to verify eligibility, support requests for reasonable modification and supplementary services, and interview the applicant. The documentation must:

6.4.1 Be recent (no more than three years old), since changing conditions may justify the information being updated frequently.

6.4.2 Be prepared by a specialized doctor or qualified professional.

6.4.3 Include information on the diagnosis and an explanation of current manifestations or functional limitations of the condition.

6.4.4 Contain a complete evaluation and include recommendations for modification and treatment.

VII. The Nature of the Reasonable Modification

7.1 The reasonableness of a modification depends on the nature or degree of severity of the documented disability. Once it is determined that a substantial alteration of the tasks or of the program of study is not necessary, the CSSD must determine what the reasonable modification will be.

7.2 It is possible to begin with the modifications that the student received in other institutions of higher education or in elementary and high school. The recommendations made by agencies, such as the Ombudsman for Persons with Disabilities, Vocational Rehabilitation, and the health professionals who care for the student will be of an illustrative nature, rather than directive. In addition, the student’s own recommendations could be considered.

7.3 Even if the specific modification requested by the student with a disability is considered, this does not imply that it has to be approved if the University considers that it is not reasonable, and other measures of equal effectiveness are available.

7.4 To determine the reasonable modification, the CSSD must consider:

7.4.1 The functional limitations of the student requesting the modification.

7.4.2 The academic requirements that are affected by the student's need.

How onerous or difficult it is for the University to meet the reasonable modification request.

7.4.4 The type of equipment used in the classroom.

7.4.5 The existence of problems of accessibility to the study areas.

7.4.6 The applicant’s recommendations.

Medical recommendations.

7.4.8 Recommendations by specialized agencies.

7.5 The following should not influence this process:

7.5.1 The prejudices or preferences of the CSSD.

7.5.2 Concern for what other students may think.

7.5.3 Claims of academic freedom.

7.6 The CSSD should consider the need to provide reasonable non-traditional modification, for example to:

7.6.1 Cancer patients who might require changes in their class program, so that they can rest after receiving chemotherapy

7.6.2 Students with mobility problems who might request that their classes be conducted in the same building or on the first floor.

7.6.3 Students with certain respiratory conditions who might need air-conditioned classrooms.

7.6.4 Students with diabetes or other medical conditions that require them to eat, so that they be allowed to eat in the classroom or adjacent areas.

7.6.5 Students with albinism who might request to be excused from outdoor activities.

7.7 Notification – once it is determined which modification is reasonable, the CSSD must immediately notify the applicant and the professor.

7.8 If the applicant does not agree with the recommended modification, he may appeal this recommendation to the CSSD, following the established procedure (Attachment 7).Anejo 7).

VIII. Confidentiality

All documents provided by the student during this process are confidential. This is established in the Rehabilitation Act of 1973, the American with Disabilities Act, and the Family Educational Rights and Educational Privacy Act.

8.1 This information will be shared with other components of the University only when indispensable for obtaining an academic goal.

8.2 Professors do not have the right to review their students’ reasonable modification documents.

8.3 These documents must be filed separately from the academic file.

IX. Retaliation

The University must not retaliate against students who request reasonable modification under the aforementioned laws. Neither may it retaliate against the persons who help them claim their rights.

X. Sanctions

Any supervisor or professor that refuses to provide the reasonable modification indicated by the CSSD incurs not only a violation of institutional rules, but also in violations of the law which may make him liable to civil claims in a court of law in his personal capacity.

XI. Coordinator Section 504

The Inter American University of Puerto Rico has designated a Coordinator to manage questions related to Section 504. The contact information is available at the institutional web page and all academic units of the Institution, at the Accessibility link.

XII. Forms

The following forms for requesting reasonable modification for students are included as appendices:

Appendix 1 Rules for Requesting Reasonable Modification Services

Appendix 2 Application for Reasonable Modification

Appendix 3 Certification of Disability for Reasonable Modification

Appendix 4 Reasonable Modification Certification (Faculty Notification)

Appendix 5 Consent Form for Disclosure of Information

Appendix 6 Application for Renewal of Reasonable Modification

Appendix 7 Procedure for Handling Complaints

Appendix 8 Examples of Traditional Reasonable Modification

XIII. Severability

If any part or section of this document is declared null by a competent authority, such decision will not affect the remaining sections.

XIV. Repeal or Amendment

These guidelines, rules, and procedures revoke Normative Document E-1209-003R and any other directives that are in conflict with the provisions herein. This document may be amended or repealed by the President of the University.

XV. Effective Date

These guidelines, rules, and procedures will go into effect immediately upon the approval and signature of the President.

XVI. Approval

Signed by the president on June 16, 2023

________________________________

Rafael Ramírez Rivera

President