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WIA Section 188 Disability Checklist Training Elements 5.2 and 5.3 – Reasonable Accommodation and Reasonable Modifications
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5.2.3-2 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
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5.2.3-3 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
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5.2.3-4 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
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5.2.3-5 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)
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5.2.3-6 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
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5.2.3-7 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
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5.2.3-8 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
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5.2.3-9 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 / modification
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5.2.3-10 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 fullest extent possible
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5.2.3-11 Undue Hardship/ Fundamental Alteration (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 the effect on the recipient’s ability to serve other customers / get work done / carry out its mission
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5.2.3-12 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 opportunity?
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5.2.3-13 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
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5.2.3-14 Examples of accommodations / modifications in specific contexts Registration and orientation Initial screening and assessment Service delivery Continuous improvement
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