CAN the student receive accommodation from college "unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage or accommodation being offered or would result in an undue burden." (excerpt from ADA)? If the student and the college do not agree on what is the appropriate accommodation, how can they find a solution with this vague definition?
Education Law Attorney
I appreciate your question. This is a complicated area of the law which has undergone a number of changes over the past few years. Fortunately, those changes have been generally positive for high-achieving disabled students. The Americans with Disabilities Act was amended in 2008, and there have been further explanations (or regulations) published to that law which may be very helpful in your case. The excerpt you quote from the ADA is accurate but I'm not sure it's relevant to your case unless I know more about the accommodation your requesting and what your (or your child's) disability is. Many of the typical accommodations do not fall under the exception you quoted.
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