I selected the trend ‘duty to accommodate’ because of my step-daughter who is on the Autism Spectrum and I was interested to see how her education was affected by this trend. For this article, I’ll specifically look at British Columbia.
Duty to accommodate was created by incorporating several Federal and Provincial legislation and agreements including, but not limited to, the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, British Columbia Human Rights Code, the British Columbia Freedom of Information and Protection of Privacy Act.
It is recognized that providing education and services to students with disabilities is a responsibility shared between the Provincial Government, schools, colleges, universities and other post-secondary institutes.
The purpose of the duty to accommodate is to remove the barriers caused by a students disability and place the student on a level playing field with other non-disabled students. The institution has an obligation to look at every student individually, clearly examine the limitations and restrictions, and determine whether they can be accommodated. However, the institution is not required to satisfy unreasonable demands but is expected to tolerate some measure of hardship in the process.
Reasonable considerations have to satisfy certain criteria such as 1) the individual needs are clearly documented; 2) the most integrated experience is made possible; 3) the course/programs essential requirements are not compromised; 4) there is no threat to personal safety of the student or safety; 5) and there is no undue hardship or administrative burden.
The student also has responsibilities such as 1) bring the request for accommodation forward in a timely manner; 2) present appropriate and current documentation; 3) the documents must be from certified and/or licensed professionals; 4) must meet all pre-admission and academic standards; and 5) abide by all policies and procedures of the institution they attend.
There are a number of programs available for students with physical and mental disabilities listed in this article dealing with financial assistance, library services, employment, adaptive equipment, transportation, and specialized clothing.
This article gave me a clearer picture as to what the many learning institutions must do for my step-daughter and what her obligations are to the institutions. The system resource and agencies listed which are available to my step-daughter will be very helpful while going forward with her disability and education.