An Introduction to Identifying Essential Academic Requirements The Line in the Sand: An Introduction to Identifying Essential Academic Requirements

Presenters: Dr. Barbara Roberts Senior Advisor to the Provost Executive Director, WorkLife Office Adjunct Assistant Professor College of Education Michigan State University Carolyn Christie Coordinator Student Accessibility Services University of Manitoba Brandy Usick Director Student Advocacy and Accessibility

Outline Essential Academic Requirements Legal foundations The 4-question standard One university’s journey How to apply Questions

Essential Academic Requirements https://pixabay.com/

Essential Requirements – Is accommodation possible? Focus on the task, not the disability What is the nature of the required task? Does it have to be done in only one way? If so, why? Bona fide requirements “What is being tested?”

Essential Academic Requirements Term of art in human rights legislation US: without fundamental alterations Canada: bona fide occupational requirements BFAR – bona fide academic requirements BFER – bona fide educational requirements

Legal Foundations

Legal Foundations US: ADA and Section 504 Prohibits discrimination Thereby requires accommodation Canada: provincial human rights legislation Manitoba: Accessibility for Manitobans Act Five standards to Accessibility Customer Service has been enacted. Students are customers Bona fide academic requirements

Canada-US Different legislation; same idea Both prohibit discrimination in the delivery of education (services) Both require accommodation to equalize opportunity Structured approach is useful Considerations are: Applied consistently Independent of disability type, ”severity”, documentation Independent of task/requirement Better outcomes Objective Accountable Credible

How to retain academic integrity? Bona fide/ “essential” requirements Define what the course/program is designed to do Identify using the key questions Defend why the requirement can/cannot be accommodated

The 4-Question Protocol

4-Question Protocol A combination of The three-step test from Meiorin decision 1999 “firefighter” case A fourth question based on Granovsky case 2000 pension eligibility case

Determining Essential Requirements The three-step test: Is the requirement/policy established in good faith? Is the requirement/policy rationally connected to the purpose of the program/course? Is the requirement absolutely necessary? Is there evidence that it cannot be accomplished in an alternate fashion? (Meiorin, 1999*) *British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union [1999] 3 S.C.R. 3, 1999 SCC 48

Determining Essential Requirements Is the requirement, standard or policy socially constructed such that it excludes [students with disabilities],

Determining Essential Requirements Is the requirement, standard or policy socially constructed such that it excludes [students with disabilities], for a reason that is irrelevant,

Determining Essential Requirements Is the requirement, standard or policy socially constructed such that it excludes [students with disabilities], for a reason that is irrelevant, based on assumptions about function or [students with disabilities]? (based on Granovsky, 2000*) *British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union [1999] 3 S.C.R. 3, 1999 SCC 48

Accommodation Examples Extra time – why and when? Test format Long answer Multiple choice

Policy exemption as accommodation Program time limits Language requirements/substitutions Make-up midterms Other?

One University’s Journey

The University of Manitoba Setting the stage: The “Cooper Commission” Report Essential Skills and Abilities Bona Fide Academic Requirements Interdisciplinary committee Student Accessibility Appeals

UM Essential Skills and Abilities For academic programs subject to external accreditation or approval: Must be congruent with the requirements outlined by the respective registering college or approval body Senate approval required Cooper commission website

UM Bona Fide Academic Requirements University of Manitoba BFAR definition: the knowledge and skills that a student must acquire in order to successfully complete a course or program. the essential and minimum requirements, including methods of assessment, which the student must meet. http://intranet.umanitoba.ca/academic_support/catl/bfar/

UM BFAR Process Starting with Graduate programs Faculty of Graduate Studies BFAR’s to be produced. Program level BFAR’s. BFAR’s are vetted by an interdisciplinary committee including representatives from: The Centre for the Advancement of Teaching and Learning Office of Human Rights and Conflict Management Office of Fair Practices and Legal Affairs Student Advocacy and Accessibility Senate has the final approval of all BFAR statements. CATL website

UM BFAR and Appeals Appeal Process Student Accessibility Appeal Procedure Initial reconsideration Appeal to Senate (student or faculty) Faculty can only appeal an accommodation if there are established BFAR’s or essential skills.

UM Lessons Learned Institutional buy-in Identified in the strategic plan Senate ad hoc committee Collaborative process Committee membership Implementation process Partnership with Teaching and Learning Communication strategy Presentations to all academic units Articles Website

Exercise Break into small groups Identify a course requirement to be accommodated Ask the four questions relative to that requirement Is the requirement a bona fide academic requirement? Share your conclusions Accommodate or not? Why or why not?

Questions? Thank you for attending.