Many of us in the disability community are familiar with the term “accommodation.” Accommodations refer to modifications in the environment, curriculum, or workplace that enable individuals with disabilities to have equal access. This concept plays a crucial role in how we engage with the world. But how can we make the most of these accommodations? Here are some tips to help you optimize their use in school, work, and everyday life.
What is it?
The definition of “accommodation” varies depending on the relevant regulations. In this post, I will focus on the interpretations found in the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act (Section 504).
ADA – a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. Accommodation requests can be made for various reasons, such as addressing workplace barriers that prevent a person with a disability from performing their job, competing for a position, or accessing benefits. Accommodations can also be requested for housing programs.
Reasonable workplace accommodations can include, but are not limited to:
- Changing/modifying job duties.
- Providing leave for medical care.
- Changing work schedules.
- Relocating the work area.
- Providing tech, mechanical, or electrical aids.
IDEA – a change that helps a student overcome or work around the disability. Accommodations are organized into four categories:
- Presentation—how students receive information
- Responding—how students demonstrate what they know
- Setting—how the environment is made accessible for teaching, learning, and assessment
- Scheduling—how schedules and time demands may be adjusted.
Section 504 is a civil rights law requiring federal funding recipients to provide reasonable accommodations to people with disabilities. This includes school districts, which must provide accommodations to students with disabilities so they can access educational programs and activities on the same basis as students without disabilities.
What is the problem?
Securing accommodations for disabilities can be challenging for several reasons. What do the relevant laws say? Many people have limited knowledge of the regulatory guidelines. Should we assert our rights and confront individuals or organizations with the law, or should we simply accept the situation? I’m currently facing this dilemma.
Carolyn is kind and respectful but clueless about disabilities and accommodations. Here’s my challenge.
I have a psychiatric service dog. That means that Storm is exempt from many “pet requirements” as outlined by the ADA and the Fair Housing Act (FHA). When applying for new housing, I provided a request-for-accommodations letter from my psychologist/therapist. It outlined how my service dog mitigates my disability. I assumed that silence meant understanding and agreement. I was wrong.
When I paid my first month’s rent, I ignored the $25 pet fee. Later, Carolyn cited that I owed that exact amount. Like the wuss I am, I just paid it.
After a day, I resent my service dog documentation. I highlighted the fact that service dogs are exempt from pet fees. Her response? I need a letter from a medical doctor (MD). I was shocked.
The federal and Maryland laws are specific, but she just talks about the company policies. They are more than happy to accept my request for accommodations. So what’s the problem? They want a letter from a medical doctor (MD), which is not required. Service dog letters can come from licensed medical professionals knowledgeable about the person with disabilities. This includes doctors, psychiatrists, psychologists, nurse practitioners, and nurses.
Do I roll over and submit to their “bad request?” Spending time, money, and extra effort, I could probably get a letter from my primary care physician (MD), but what about the next person? I’m a teacher…time to teach!
Can you relate?
Tips for Requesting Accommodations
Securing accommodations for your disability involves following a process that requires patience and persistence.
- Start by clearly identifying your needs and understanding the relevant laws that protect your rights.
- Gather any necessary documentation and communicate your request effectively, whether in a workplace, educational setting, or housing situation.
- Be prepared to advocate for yourself, addressing any challenges or misunderstandings that may arise.
By approaching each step with determination and a clear strategy, you increase the likelihood of obtaining the accommodations you need to achieve your goals and live a more accessible and fulfilling life.
Denying a Request for an Accommodation
Denying a request for accommodation for people with disabilities is a sensitive and complex issue, as it directly impacts the individual’s right to equal access. However, there are circumstances where such requests may be denied. Below are some reasons for denial, along with statistical insights and ways to address and overcome these challenges.
1. Lack of Documentation or Verification
One of the primary reasons for denying accommodation requests is the absence of sufficient documentation or verification of the disability. Institutions and workplaces often require detailed medical or psychological evaluations to ensure that the requested accommodation is genuinely needed. Without proper documentation, they may be unable to verify the necessity of the accommodation, leading to a denial.
2. Fundamental Alteration of the Program
Accommodations that fundamentally alter the nature of work duties or an educational program or course may also be denied. According to the Americans with Disabilities Act (ADA), accommodations should not compromise the standards or core requirements of a job or program.
3. Undue Burden
Institutions may deny accommodations if they impose an undue financial or administrative burden. While organizations or institutions are obligated to provide reasonable accommodations, they are not required to implement measures that would cause significant difficulty or expense. For example, small schools with limited resources may struggle to afford certain accommodations, leading to denial.
4. Safety Concerns
Accommodations that pose safety risks to the individual with disabilities or others may be denied. For instance, if a requested accommodation creates a hazardous situation in a laboratory setting, the institution may determine that it is not feasible to implement it without compromising safety.
5. Non-Compliance with Established Procedures
Requests that do not comply with the institution’s established procedures and timelines may be denied. Educational institutions often have specific processes for submitting accommodation requests, including deadlines. Failure to adhere to these processes can result in a denial.
Statistics
Education: According to the National Center for Education Statistics (NCES), in 2019-2020, about 14% of students aged 3-21 received special education services under the Individuals with Disabilities Education Act (IDEA). A study done by CHADD found that almost 70% of students receive one or more school-based service. Similarly, 91% of high school students with autism receive accommodations and modifications (ies.ed.gov).
Despite this, many students face challenges in obtaining accommodations, with some studies suggesting that over 50% of students with disabilities do not receive the full accommodations they request. Research continues.
Workplace: According to the U.S. Department of Labor, 19.1% of employed persons with a disability had a workplace accommodation in 2022. Nearly 65% of employees with ADHD report that their symptoms pose a moderate to significant challenge in accomplishing day-to-day tasks. Recent studies found that over 70% of employees with Autism disclosed their disability, but less than 40% received accommodations.
Studies show that providing accommodations can lead to higher employee retention and productivity, with 61% of employers reporting no additional costs for implementing them. These accommodations are not just legal obligations under the Americans with Disabilities Act (ADA), but also investments in a more inclusive and productive workforce.
Ways to Overcome Challenges
- Clear Documentation: Ensure that all necessary documentation is thorough and up-to-date. This is crucial for avoiding denials based on lack of verification.
- Collaboration and Dialogue: Engage in open communication between students, parents, and institutions. It helps to clarify the necessity and feasibility of accommodations.
- Flexible Approaches: Institutions should consider alternative accommodations that do not fundamentally alter programs or impose undue burdens but still support the student’s needs.
- Advocacy and Legal Support: Workers, students, and their families can seek advocacy or legal assistance to navigate the accommodation process and challenge unjust denials.
By addressing these challenges proactively, everyone can better meet the needs of individuals with disabilities, ensuring equal access to education, the workplace, and beyond.
Summary
“Accommodations” refer to changes made to the environment, curriculum, or workplace that ensure individuals with disabilities have equal access to opportunities alongside their nondisabled peers. These adjustments are vital in shaping how people interact with the world around them. Key legislative frameworks guiding accommodations include the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act.
Requests for accommodations can be made for various purposes, such as overcoming barriers in the workplace that hinder a person with a disability from performing their job, competing for a position, or accessing benefits. Additionally, accommodations can be sought in educational institutions and housing programs.
If a school or employer denies your request for accommodation, you should request a written explanation. This documentation can clarify the reasons behind the denial and may pave the way for a resolution. While IDEA and Section 504 have more structured processes, the ADA requires employers to engage in an interactive process with you to explore alternative accommodations.
What has been your experience in requesting accommodations? Have you been denied accommodations? Join us in September 2024 in the Edie Loves Math Community forum to share information, experiences, strength, and hope.
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