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

2. 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

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

4. Essential Academic Requirements

5. 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?”

6. 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

7. Legal Foundations

8. 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

9. 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

10. 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

11. The 4-Question Protocol

12. 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

13. 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

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

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

16. 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

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

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

19. One University’s Journey

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

21. 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

22. 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.

23. 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

24. 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.

25. 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

26. 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?

27. Questions?
Thank you for attending.