Accommodations have a specific meaning within higher education. While an accommodation might be the same within K-12 and higher education (for example time and a half is still time and a half), the interactive approval process and how accommodations are implemented is different.
What are Accommodations?
Accommodations are personalized supports that remove specific barriers with the goal of ensuring an individual can meet essential academic requirements and has the opportunity to fully participate in university life. The purpose of accommodations is not to change the standards or alter requirements but instead to provide different means of access to the individual.
Accommodations are determined on a case-by-case basis and are the result of the interactive accommodation process. Accommodations range in type and implementation depending on the nature and impact of the student’s condition. While there is a great deal of flexibility with the types of accommodations approved, accommodations cannot fundamentally alter an essential requirement.
Key Legislation
The ADA was initially enacted in 1990 as a comprehensive civil rights law to prohibit discrimination against people with disabilities. The intent was and continues to be today through the revision (ADAAA), for these protections to apply to all facets of public life. This includes institutes of higher education under Title II. This legislation provides a range of definitions, and guides much of the work of SAS.
Section 504 of the Rehabilitation Act was enacted in 1973. It was one of the first civil rights legislation that specifically applied to people with disabilities. It covers any program receiving federal funds, and, therefore, is applicable within higher education. In terms of impact related to provision of accommodations for students with disabilities in higher education, Section 504 and the ADA have similar requirements.
The Fair Housing Act was enacted in 1968 as part of an expansion of the Civil Rights Act of 1964, and was subsequently amended in 1988. This act specifically, “protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.”[1] Disability discrimination is one of the key areas addressed within the act.
Types of Accommodations
Accommodations are determined on a case-by-case basis and are the result of an individualized interactive process. Specific types of accommodations range, but can be categorized into academic and non-academic accommodations.
Examples of academic accommodations:
- Notetaking accommodations (technology assisted notetaking, audio recording, etc.)
- Classroom accommodations (advanced access to materials, access to food and drink, preferential seating, etc.)
- Exam accommodations (extra time on exams, distraction reduced environment, exam technology use, etc.)
- Accessibility accommodations (accessible materials, captions, use of an FM system, etc.)
- Flexibility accommodations (limited extensions, attendance flexibility, etc.)
Examples of nonacademic accommodations:
- Housing accommodations (singles, limited-use bathrooms, Emotional Support Animals (ESA), etc.)
- Dining accommodations (custom meal ordering, additional meals to go, etc.)
- Parking accommodations (parking as a first year, access to parking, etc.)
More information about the types of accommodations at UNH and how these are implemented can be found in our SAS Accommodations Guide.
SAS works with students to approve housing accommodations. Housing accommodations are applicable across all residence halls and UNH housing options. Housing accommodations range in type, but most commonly relate to:
- Placement accommodations such as singles
- Limited-use Bathroom accommodations
- Emotional Support Animals (ESAs)
- Accessibility accommodations
Specific accommodations depend on each student’s need as well as overall university housing availability.
SAS cannot approve housing requests for off-campus students. Off-campus students must engage in the interactive process established by the landlord of the off-campus living space.
How does the Fair Housing Act Define Accommodations?
It is important to distinguish general requests from housing-only requests. Though the ADA and Section 504 still apply when considering housing, housing accommodations need to be considered within the mandates of the Fair Housing Act (FHA).
The FHA calls for the provision of reasonable accommodations and modifications within housing. “A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling, including public and common use spaces.” (HUD - Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act) Overall, the goal is for the individual to have “full enjoyment” of the premises, and this might indicate the need for accommodations or modifications.
The ADA regulations also make a distinction between accommodations and auxiliary aids and services. The Title II regulations provide the following definition:
(1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
(2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions. (Americans with Disabilities Act Title II Regulations | ADA.gov)
This distinction is important. While universities are not responsible for providing personal services, they are responsible for providing students with auxiliary aids and services. It should be noted that many of these are related to accessibility requirements.
Temporary accommodations are accommodations that are fully approved through SAS but approved for a limited amount of time. These are accommodations that are provided to students with a temporary condition (for instance, a physical condition or a concussion). To receive temporary accommodations, students still go through all SAS processes as written. The only difference is the imposed timeframe limitation.
A student approved for temporary accommodations may apply for permanent accommodations at any time. Please note:
- SAS may request additional documentation to establish the condition is permanent
- SAS may request additional meetings to discuss permanent accommodations
- Accommodations approved temporarily are not automatically approved permanently. A student’s re-engagement with the interactive process may impact the result of a request for permanent accommodations.
Provisional supports should not be confused with temporary accommodations. Provisional supports are provided at the discretion of SAS, and SAS is under no obligation to provide these supports. Provisional supports are provided to students when students have provided incomplete documentation for full approval, but the documentation is complete enough to decide that supports are likely needed. This allows the student to have access to support, but also provides them with additional time to complete the documentation requirement.
Who Can Receive Accommodations?
Critical to the work that SAS does is the provision of accommodations for students with disabilities. It is important to establish what is meant by “disability” and who is qualified to receive accommodations.
What is a Disability?
Though there are a number of definitions of a disability, the primary definition used within SAS is the ADAAA definition (used by both Section 504 and HUD as well):
Disability - The term “disability” means, with respect to an individual—
- a physical or mental impairment that substantially limits one or more major life activities of such individual;
- a record of such an impairment; or
- being regarded as having such an impairment (as described in paragraph (3)). (42 U.S. Code § 12102 - Definition of disability | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu))
The ADAAA did not change how this definition was worded, but it did clearly change the scope of how this definition should be interpreted. In particular, the interpretation of “substantially limits” was broadened to include a range of other potential life functions, and even this was viewed as examples and not an exhaustive list. Import to later distinctions between general accommodation processes and housing-only processes, the department of Housing and Urban Development (HUD) also considers the ADAAA definition to be of primary importance in determining eligibility for accommodations.
What is a "Qualified Individual"?
The individual with a disability must also be a “qualified individual” to qualify for protections, and in the case of SAS services, accommodations. The term ”qualified” in this sense is meant to clarify that students must still meet essential requirements with or without accommodations. As stated in the Title II regulations:
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (Americans with Disabilities Act Title II Regulations | ADA.gov)
Similar language can be found in Section 504, where a “qualified handicapped person” is defined as “(3) With respect to postsecondary and vocational education services, a handicapped person who meets the academic and technical standards requisite to admission or participation in the recipient's education program or activity;” (34 CFR § 104.3 - Definitions. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute (cornell.edu)) As with ADA if a student is not qualified, then they are not covered.
As expected, this creates both broad and narrow interpretations in the context of higher education. There are university requirements, but the specific program, department, and course impact the assessment of accommodations. Whether or not a student can meet essential requirements must be determined based on context specific requirements of a course, program, department, or college. All accommodations need to be made on a case-by-case basis as the result of an individualized assessment.
Temporary Disabilities
SAS provides accommodations to students with temporary conditions. If a student has a temporary condition or is suspected of having a temporary condition, then the student should proceed through the interactive accommodations process. If you had a recent accident/incident, then SAS recommends that:
- If there is immediate danger, contact 911.
- For acute injuries, students should work with Health & Wellness to create a return and management plan. This could potentially include a Dean’s Letter, connections to the Access Van, or exploration of a health leave. Please note that the process for temporary conditions is not the same as the Dean’s Letter process. For students who have had an acute incident, a Dean’s Letter is often the first step in the process. Accommodations may still be necessary, so connections to both processes may be needed.
SAS accommodations may be an important part of a student's return and management plan. Students with temporary conditions who want to request accommodations are expected to engage in the interactive accommodation process.
Learn More about Requesting Accommodations
Prospective Students
Accommodations play an important role in the educational experience of a large number of students. It is important to explore how accommodations work in higher education and how you can register for services at UNH. SAS can help prospective students and applicants explore the interactive accommodation process and possible services on campus.
Prospective students and applicants who need accommodations during the admissions process should contact Admissions directly. Admissions can help connect the student to the SAS Admissions Liaison to help facilitate any accommodation needs throughout the admissions process. This includes any assistance needed during the application process, on campus tours, and other similar processes.
How Are Accommodations Approved?
All accommodations are approved through an interactive process between the student and SAS. The accommodation process is used to determine what accommodations are reasonable for an individual student. While approved accommodations will necessarily vary, all students go through the interactive process. To be approved for accommodations all students must:
- Register with SAS
- Submit documentation
- Meet with SAS
These steps are flexible, but all of the steps must be completed in order for an accommodations determination to be made. This process allows SAS and the student to directly explore the nature of the disability or condition, the associated functional limitations, and the requested accommodations together.
How Are Accommodations Shared with Instructors?
Once students are approved for accommodations, students still need to activate their accommodation letters. Accommodation letters serve as the student’s instructors’ official notifications of the approved accommodations. Once the student is approved for accommodations, they can complete a "semester request" in the Accommodate portal. SAS will then send the student’s accommodation letter out to their instructors. Instructors can access the accommodation letter in our system, Accommodate. It is important to note that students must complete a new semester request each term and, if a student changes their courses, send a new semester request.
Once instructors receive the accommodation letter, they will then communicate how it will be implemented in their courses. Please note that accommodations are kept as private as possible, but are not confidential. For example, a faculty member should not announce that a student has exam accommodations to the class, but if the exam accommodation requires the student to leave the classroom, others may know the student is not there for the exam. Students with questions about accommodation privacy are encouraged to get in touch with SAS.
