WIA Section 188 Disability Checklist Training

Elements 5.2 and 5.3 – Reasonable Accommodation and Reasonable Modifications

5.2: Reasonable Accommodations 5.3: Reasonable Modifications

• Must be provided for all
aspects of a recipient’s programs and activities
 application / registration for, and provision of, aid, benefits, services, and training  core, intensive, training, and support services
5.2.3-2

What are reasonable accommodations/ modifications?

• Actions that must be taken when a
particular person with a disability seeks:
 to apply for / participate in a program or activity  to apply for / perform the essential functions of a job

5.2.3-3

What are reasonable accommodations/ modifications?
(cont’d)

• Actions that will help a particular
person with a disability:
 to receive equal benefits from the program or activity  to compete fairly in educational and work settings  in general, to have equal opportunity

• Specific actions will vary,

depending on the person and the context

5.2.3-4

What are the differences between them?

• Modifications specifically apply
to “policies, practices, and procedures” (the way things are done)

• Accommodations also apply in
employment context (discussed under 5.8)
5.2.3-5

What are the differences between them? (cont’d)

•Terminology
 Accommodations must be provided unless would cause undue hardship  Modifications must be provided unless would fundamentally alter the nature of the service, program, or activity
5.2.3-6

Obligation to Accommodate/ Modify

• Did the person ask for an
accommodation / modification?
• No “magic words” necessary – doesn’t need to have mentioned “disability” or “accommodation” or referred to the law • Just needs to have asked for an adjustment or change related to a medical condition
5.2.3-7

Obligation to Accommodate/Modify

(cont’d)

• Does the person seeking the
accommodation / modification have an actual, current disability?
 Recipient is allowed to ask for documentation of the disability / medical condition  No obligation to accommodate in “record-of” or “regarded-as” cases
5.2.3-8

Obligation to Accommodate/ Modify (cont’d)

• The responsible person must
make an individual determination about the request
 Engaging in an interactive process with the person asking for an accommodation / 5.2.3-9 modification

Undue Hardship and Fundamental Alteration

•Responsible person must:
 go through specific, formal process to decide whether hardship / alteration would occur  if so, take other action that would allow the person with a disability to participate to the 5.2.3-10 fullest extent possible

(cont’d) • Did the responsible person review the
required factors?  the type of accommodation requested  the net cost of the accommodation  the overall size of the program  the overall financial resources of:
 the recipient as a whole  the individual facilities involved

Undue Hardship/ Fundamental Alteration

the effect on the recipient’s ability to serve other customers / get work done / carry out its mission

5.2.3-11

Undue Hardship/ Fundamental Alteration
(cont’d)

• Did the recipient provide a written
statement of reasons for denying requested accommodation / modification?

• Did the recipient give a copy of the
statement to the person asking for the accommodation / modification?

• Did the recipient take another action to
avoid discrimination / provide equal 5.2.3-12 opportunity?

General examples of recommended practices
• Implement a written policy explaining:
 the circumstances under which accommodations / modifications must be provided  the process for handling a request for a reasonable accommodation / modification  the system for documenting the types of accommodations / modifications that have been provided  examples of accommodations / modifications

5.2.3-13

Examples of accommodations / modifications in specific contexts • Registration and orientation • Initial screening and assessment • Service delivery • Continuous improvement

5.2.3-14