Key Concepts and Definitions

“[Ableism] may be defined as a belief system, analogous to racism, sexism or ageism, that sees persons with disabilities as being less worthy of respect and consideration, less able to contribute and participate, or of less inherent value than others. Ableism may be conscious or unconscious, and may be embedded in institutions, systems or the broader culture of a society. It can limit the opportunities of persons with disabilities and reduce their inclusion in the life of their communities.” (Hardiman, Jackson, & Griffin, 2007, p. 36)

Ableist attitudes are often based on the view that disability is an “anomaly to normalcy,” rather than an inherent and expected variation in the human condition. Ableism may also be expressed in ongoing paternalistic and patronizing behavior toward people with disabilities (Hardiman et al.).

References:

Hardiman, R., Jackson, B. W., & Griffin, P. (2007). Conceptual foundations for social justice education. In M. Adams. L.A. Bell and P Griffin (Eds), Teaching for diversity and social justice (2nd edition, pp 35-66). New York, NY: Routledge.

Hutcheon, E. J., & Wobring, G. (2012). Voices of “disabled” post-secondary students: Examining higher education “disability” policy using an ableism lens. Journal of Diversity in Higher Education, 5(1), 39-49.

Ontario Human Rights Commission Policy on Ableism: OHRC Ableism Policy.

The Ontario Human Rights Commission’s disability policy affirms the right of persons with disabilities to full participation and interaction including those attending Post-Secondary Institutions. An accessible education is one in which person with disabilities can access their environment and face the same duties and responsibilities as everyone else, with dignity and without impediment.

Academic Accommodations are part of this.

Academic Accommodations are any adaptation that reduces or eliminates barriers to participation that arise when a student with a disability interacts with the academic environment. Academic accommodations are individually determined and may include teaching and learning accommodations (e.g., note-taking), assessment and evaluation accommodations (e.g., extra time), environmental accommodations (e.g., strategic seating), and auxiliary services and supports (e.g., sign language interpreters, alternate format text, assistive technology). Academic accommodations are provided when functional limitations arise from a disability and create a barrier in the academic environment. Depending on the disability, which may be permanent or temporary, functional limitations may be intermittent. Academic accommodations are granted on a permanent (i.e., for the duration of the academic program), interim (i.e., while further documentation is being sought from a regulated health care professional), temporary (i.e., for a limited time), or retroactive (i.e., after a test, evaluation, assignment deadline has passed) and are supported by health-care documentation. All requests for academic accommodation are assessed on a case-by-case basis. Academic accommodations provide equal access to learning and services. They do not guarantee a level of achievement. They do not interfere with the college’s ability to appropriately assess the articulated essential learning outcomes of the course or program.

Why we accommodate: Academic Accommodations are grounded in legislation through the Ontario Human Rights Code (OHRC) and the Accessibility for Ontarians with Disabilities Act (AODA). Post-secondary institutions are bound to accommodate unless it creates undue hardship or violates the bone fide course requirements and/or academic integrity. Academic Accommodations are both procedural and substantive. “Procedural” would refer to the process that needs to be followed once a particular accommodation need is identified, such as after the college becomes aware of a student requiring accommodations and follows the procedure to put the accommodation in place for the student. “Substantive” would refer to the college providing the substance of the accommodation after following the procedure of putting the accommodation in place, such as after the Letter of Accommodation is generated with the Disabilities Counsellor and the accommodation is arranged for the student.

See also the entries for: Accessibility for Ontarians with Disabilities Act (AODA), Accommodation (Duty to Accommodate), Bona Fide Requirements, Functional Impairments/Functional Limitations, Ontario Human Rights Commission, Ontario Human Rights Code, Principles of Accommodation, and Undue Hardship.

Accessibility refers to the design of products, devices, services, or environments in a way that ensures the greatest access for all individuals.

Please also see entries below for Accessibility for Ontarians with Disabilities Act. For more information, follow the links for: The Accessibility for Ontarians with Disabilities Act (AODA), the Ontario Human Rights Code and Accessibility Services Canada.

The Accessibility for Ontarians with Disabilities Act is a statute enacted in 2005 by the Legislative Assembly of Ontario, Canada. Its purpose is to improve accessibility standards for Ontarians with physical and mental disabilities to all public establishments by 2025.

The Act addresses five areas: Employment, Information and Communication, Transportation, Design and Public Spaces, and the Customer Service Standard. At the Post-Secondary level, students with disabilities may encounter barriers in the areas of physical obstacles, technology, information and communication, services, practices or procedures, and attitudes of staff. Removing barriers include accessible customer service policies, assistive devices, service animals and support persons, information provided to the public when accessible facilities or services are temporarily unavailable. Institutions are to invite customers to provide feedback, train all faculty and staff, and when requested, provide information and communications in an accessible manner to people with disabilities. This includes providing alternatives to standard print (accessible formats) and ways to help communication between people (communication supports), respond to a request for accessibility needs and respond by determining the most appropriate accessible format or communication support depending on the accessibility needs of the person and the capability of your organization to deliver.

For more information use the following links: Accessibility for Ontarians with Disabilities Act ,Guide, and Resources and Algonquin College Accessibility Resources.

Algonquin College’s Accommodation Advisory Committee was formed in 2017 to address unresolved accommodation issues. The AAC may also be proactively consulted to review complex accommodation requests. The AAC provides an impartial review of an accommodation, at the request of a student, the Manager of the CAL, or Program Chair.

The Committee consists of co-chairs, one academic chair, one Disabilities Counsellor, and one professor.

Advocacy is the process by which an individual or group attempts to influence policy decisions and resource allocation. Advocacy for a socially-just understanding of disability takes many forms. In the context of the college environment, students, and practitioners within CAL advocate with students, staff, and faculty members to encourage the use of universal design and inclusive practices. Practitioners also advocate with administrators to make sure that the institution invests in accessible technology, plans for physically accessible buildings, and supports accommodations. Practitioners also serve as advocates to the broader campus community, building collaborations around students, promoting a socially just understanding of disability, and providing education about the intersectional nature of ability, disability, and other forms of identity.

American Sign Language (ASL) is a complete, natural language that has the same linguistic properties as spoken languages hearing and is used by many hearing people as well. For more information: Canadian Hard of Hearing Association and/or Canadian Hearing Services Ottawa Region.

Assistive Technology is a service, piece of equipment, or system, acquired commercially or off the shelf, modified, or customized, that is used to increase, maintain, and improve the functional capabilities of individuals with disabilities. Assistive technology may be accessible, adaptable, and/or universally designed. Technology that is designed accessibly is compliant with legal requirements and codes for accessibility. An example of this would include accessible PDF’s and other course documents, which can be effectively interpreted by screen reading technology.

Adaptable design refers to technology that has a standard design that can be individually modified as needed for individuals with disabilities. Adaptively-designed technology is typically an additional product that individuals with disabilities employ to use technology. Adaptive technology refers to devices or products that “make an inaccessible mainstream or general use device useable by a person with a disability” (Field & Jette, 2007a). Frequently, accessible and adaptive design products work in complementary fashion. For instance, although a PDF can be accessibly designed, individuals with print-related or visual disabilities can access it independently only through the use of adaptive technology such as a screen reader, for example, Job Access With Speech (JAWS). Universally designed, refers to the design of products and services that take into account the widest range of abilities when being designed and implemented so that they can be used and experienced by people of all abilities, to the greatest extent possible, without adaption.

Universally-designed technology has features that benefit all users, not just students with disabilities. For example, captioning may offer the greatest benefit to student with hearing and learning disabilities but seeing and hearing information at the same time can assist non-disabled students in learning and understanding information.

Reference:

Field, M. J., & Jette A. M. (2007a). Assistive and mainstream technologies for people with disabilities. In. J. J. Field and A. M Jette (Eds), The future of disability in America (pp 183-221). Washington, DC: National Academies Press.

Bona Fide Requirements are knowledge and skills that must be acquired or demonstrated in order for a student to successfully meet the essential learning objectives of a course or program (Queen’s Printer for Ontario, 2018). For our purposes, a Bona fide requirement is an indispensable and vital requirement where academic accommodations would not apply. Bona Fide requirements are defined by two factors: a skill that must be necessarily demonstrated in order to meet the essential outcomes of the course AND a skill that must be demonstrated in a prescribed manner and is linked to learning outcomes. An example of this would be a student in a paramedic program required to perform CPR within specific time constraints. Given the nature of this lifesaving procedure, providing extended time to a student to perform CPR on an individual would compromise the bona fide requirement of the course task. However, a student could be provided with extra time in advance of carrying out the procedure to mitigate the student’s functional limitations. Please also note the following guidance provided by the Ontario Human Rights Commission:

• Ultimately, the onus is on an education provider to show that an academic requirement is bona fide. To do this, the education provider would have to show that the needs of the student could not be accommodated without causing undue hardship.
• Once receiving appropriate accommodation, a student must be able to meet bona fide academic requirements, such as meeting academic standards for admission, demonstrating specific skills, mastering the curriculum, and passing the class, course or program.
• The purpose of accommodation is to allow students with disabilities to demonstrate their ability to master the content and skills required to successfully pass the course without disadvantage because of their disability. Accommodation does not alter the academic standards by which success in a course is determined.
• Education providers, particularly at the post-secondary level, should clearly set out what the bona fide academic requirements of a course or program are, to enhance transparency, consistency, fairness, and so that students know what is expected of them.

Please also see the entries for: Academic Accommodations well as the websites: OHRC Policy on Ableism and duty to accommodate and Duty to accommodate and undue hardship OHRC policy on accessible education for students with disabilities.

References:

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

The Ontario Human Rights website also provides guidance re: questions and answers, Employers and Employees, responsibilities, caselaw, policy documents, and questions and answers; please see Ontario Human Rights Commission

The Canadian Charter of Rights and Freedoms guarantees people’s civil, political and equality rights in the policies, practices and legislation of all levels of government and applies to publicly-funded schools, colleges and universities. While human rights legislation in Canada is considered quasi-constitutional, it is subject to and must be considered in light of the Charter. Section 15 guarantees the right to equal protection under the law and equal benefit of the law, without discrimination based on disability.

The equality rights guaranteed in section 15 of the Charter are similar to the purpose of the Ontario Human Rights Code. Governments must not infringe Charter rights unless violations can be justified under section 1, which considers whether the Charter violation is reasonable in the circumstances. From the College’s perspective, the Canadian Charter of Rights and Freedoms supports Ontario legislation (OHRC and AODA) regarding the duty to accommodate our students.

For more information on the Canadian Charter of Rights and Freedoms link to the Canadian Human Rights Commission Website.

The Centre for Accessible Learning (CAL) is committed to creating an inclusive and accessible campus. The CAL supports students with visible and non-visible disabilities who self-identify. A primary focus of CAL’s work is to provide academic accommodations and educational support services and financial support to Algonquin College’s students. Accommodations are mandated by the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act. CAL staff also work across the campus with faculty and staff in awareness of disability issues and the appropriate implementation of academic accommodations.

Find out more information on the CAL Website.

The United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty designed to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” (Uniter Nations, n.d.). Canada ratified the CRPD in 2010.

Under Article 24, the CRPD specifically recognizes the right of people with disabilities to education without discrimination and on the basis of equal opportunity (Government of Canada, n.d.).

International treaties and conventions are not part of Canadian law unless they have been implemented through legislation. However, the Supreme Court of Canada has stated that international law helps give meaning and context to Canadian law. The Court said that domestic law (which includes the Code and the Charter) should be interpreted in a manner consistent with Canada’s international commitments.

The CRPD is an important human rights tool that puts positive obligations on Canada to make sure that people with disabilities have equal opportunity in all areas of life, including education. To meet the obligations under the CRPD, Canada and Ontario should make sure that adequate and appropriate community supports, and accommodations are in place to allow for equal opportunities.

Reference:

Government of Canada. (n.d.). Promoting rights of persons with disabilities. Retrieved from: https://www.international.gc.ca/world-monde/issues_development-enjeux_developpement/human_rights-droits_homme/rights_disabilities-droits_handicapees.aspx?lang=eng

United Nations. (n.d.). Convention on the rights of persons with disabilities. Retrieved from https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html

(Also see Medical Model of Disability and Social Model of Disability) As per the OHRC, “Defining disability is a complex, evolving matter. The term “disability” covers a broad range and degree of conditions. A disability may have been present at birth, caused by an accident, or developed over time. Section 10 of the Ontario Human Rights Code defines “disability” as:

1. Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
2. A condition of mental impairment or a developmental disability,
3. A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
4. A mental disorder, or
5. An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.” (Queen’s Printer for Ontario, 2016)

For more information please see: Ontario Human Rights Website and Policy on accessible education for students with disabilities

Reference:

Queen’s Printer for Ontario. (2016). Policy on ableism and discrimination based on disability. Retrieved from http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/2-what-disability

Under the Ontario Human Rights Code, education providers have a legal duty to accommodate the needs of students with disabilities. Accommodation is necessary to address barriers in education that would otherwise prevent students with disabilities from having equal opportunities, access and benefits.

Accommodation does not mean lowering academic standards, rather academic accommodations service to allow students with disabilities equal access for full participation in a program of study. The duty to accommodate has both a substantive and a procedural component. The procedure for accommodation (the process) is as important as the substantive content of the accommodation (the accommodation provided). In the context of Algonquin College, students identify as being impacted by disability and register with the Centre for Accessible Learning (CAL). Students submit documentation from a registered health-care practitioner and meets with a Disabilities Counsellor to generate the Letter of Accommodation that contains the academic accommodations. Students forward the letter to their instructors (sometimes with the assistance of their Disabilities Counsellor). Please see the Centre for Accessible Learning (CAL) Algonquin College for more information.

Academic Accommodations are implemented through collaborative processes that involve: the student, Disabilities Counsellor, staff, and faculty across the college. To fulfil the procedural components of the duty to accommodate, there needs to be meaningful interaction between the parties that focus on the student need and consideration of whether the education provider can accommodate those needs. Failure to accommodate can lead to a finding of a breach of the Ontario Human Rights Code. even if there was no substantive accommodation that could have been provided short of undue hardship. Faculty are encouraged to contact a Disability Counsellor directly when they have questions and/or concerns regarding the meaning of, or how to fulfil the accommodation.

Please also see the entry below re: Undue Hardship.

References:

Ontario Human Rights Code

Policy for accessible education for students with disabilities

Educational software is a broad category of technology that includes learning management systems (e.g., Brightspace), platforms used to host online courses (e.g., Moodle), catalog management and course registration software (e.g., Genesis), software packages used within a course (e.g., Quik Law for Paralegal Program), and textbooks. Accessibility must be considered when designing, choosing and a purchasing education software. Institutions have the legal responsibility to ensure materials they require students to access comply with AODA standards. Decisions about the accessibility of educational software directly affects the learning of students.

Disabilities cause limitations in a person’s ability to perform specific functions of daily life (Bryan, 2002). From the CAL’s perspective, when a student meets with a Disabilities Counsellor, they would discuss how the student experiences their disability in the academic context. Specifically, this discussion would address how material is presented in class, expectations for performance and/or other forms of assessment, etc. If appropriate, academic accommodations would be put in place to mitigate these functional impairments experienced as a result of a disability. Functional limitations may include difficulties moving, decoding written material, understanding written text, written expression, organizing ideas, processing of visual and or auditory information.

Reference:

Bryan, W. V. (2002). Sociological aspects of disabilities. The social perspectives and political history of disabilities and rehabilitation. Springfield, IL: Charles C. Thomas

The OHRC outlines that ensuring integration and full participation means designing the educational environment for inclusiveness. “Universal Design for Learning” (UDL) (see entry below) recognizes that students have varying abilities, needs, and experiences. UDL is a framework that plans for student variability.

This proactive approach is effective because it emphasizes accessibility and inclusion from the start. Barrier prevention is preferable to barrier removal and, is consistent with the notion of disability in a social model that conceptualizes “disability” as “the outcome of socially constructed barriers and society’s failure to accommodate difference (Evans et al. 2017, p. 63).

Furthermore, the United Nations’ Committee on the Rights of Persons with Disabilities has also expressed its support of UDL. Reinforcing the social model of disability (see below), the work of the UN encourages the adoption of UDL approach, which consists of a set of principles that provide a structure for creating a flexible learning environment that removes barriers and meets the diverse needs of all learners.

Universal Design for Learning recognizes that each student learns in a unique way and involves:

1. Developing flexible ways to learn;
2. Creating an engaging classroom environment;
3. Maintaining high expectations for all students while allowing for multiple ways to meet expectations;
4. Empowering teachers to think differently about their own teaching;
5. Focusing on educational outcomes for all, including persons with disabilities.

Using this framework, curricula are conceived, designed and implemented in ways that meet and adjust to the requirements of every student, and provide appropriate educational responses. Standardized assessments (where possible) are replaced with flexible and multiple forms of assessments and the recognition of individual progress towards broad goals that provide alternative routes for learning.

Smith and Buchanan (2012) maintained that education providers will likely find inclusive design choices and barrier removal make practical sense and will benefit large numbers of the college community including those who identify with a disability and those who do not.

Example: A college makes its lecture content available via as a recording, which can be reviewed after the lecture as often as needed. In addition to benefiting students with disabilities who use adaptive technologies to access course content, this delivery method also benefits students with learning disabilities, students whose first language is not English, and students who are unable to attend the lecture in person due to family status obligations. The podcasts also provide useful study tools for students with a range of learning styles and preferences, in preparation for exams, etc. (Evans et al. 2017).

UDL utilizes three principles/networks that offer:

1. Multiple means of representation to give learners various ways of acquiring information and knowledge.
2. Multiple means of expression to provide learners alternatives for demonstrating what they know.
3. Multiple means of engagement to tap into learners’ interests, challenge them appropriately, and motivate them to learn.

Examples of UDL Tools

Learning Management System (LMS)

• Implementation of a centralized electronic LMS to ensure easy access to course materials;
• Allows timely and facilitated communication with students;
• Can be accessed independently by students at any time.

PowerPoint Slides

• Can be used as a complement to lectures while providing support for effective note taking or information retention;
• Must be compatible with assistive technology (e.g., Screen reader software);
• Ideally made available to students through the LMS.

Lectures

• Recorded and made available through posted recordings with closed captions;
• Podcasts made available in multiple formats (audio, video + audio, plain text transcription);
• Available to students through your Learning Management System (LMS) (Brightspace)
• Collaborative note-taking process (student rotation); notes available through LMS.

Textbooks and Course Materials

• Available to all students in print and electronic formats, wherever possible.

Communication

• Course expectations (including bona fide academic requirements) communicated clearly to students in multiple ways (e.g. in course syllabi, verbally, electronically, with PowerPoint, etc.);
• Changes and announcements to due dates, scheduling, etc. are included in the class lectures (then made available on the CMS), conveyed through group email, as well as communicated verbally in class.

Assessment

• Students provided with choice of assessment method (e.g., multiple quizzes, written papers, individual or group presentations, multi-media projects, portfolios, service activity, etc.)
• Test accommodations can include changes to test times, testing format, or the setting in which the test is taken;
• All students given as much time as needed to complete exams (where restricted test-taking time is not a bona fide academic requirement).

References

Centre for Accessible Learning (CAL), Algonquin College

Evans, N. J., Broido, E. M., Brown, K. R., & Wilke, A. K. (2017). Disability in higher education: A social justice approach. San Francisco, CA: Jossey Bass

Learning and Teaching Services Universal Design for Learning

National Centre on Universal Design for Learning

OHRC policy on accessible education for students with disabilities UDL recommendation

Smith, R. E., & Buchanan, T. (2012). Community collaboration, use of universal design. Journal of Postsecondary Education and Disability, 25(3), 259-265.

This is part of the substantive portion of academic accommodation. The Letter of Accommodation (LOA) is a confidential legal document that provides a written statement of the academic accommodations for students registered with the Centre for Accessible Learning (CAL). Professors may receive an LOA directly from a student or from CAL on behalf of the student. The LOA is the student’s confidential document to share as they see fit. Professors are not permitted to share the LOA with others unless they receive direct permission from the student to do so.

Adherents of the medical model view disability as “a medical problem that resides in the individual…a defect in or failure of a bodily system and as such is inherently abnormal and pathological” (Olkin, 1999, p. 26). It is further assumed that, for a person to fully function as a human being, this condition must be “cured or eliminated” (Siebers, 2008, p. 3). Finally, this model contends that “a disability is located only in the body, and a person’s problems are caused by the impairment. A disabled person must therefore learn to handle the circumstances they face (Siebers, 2008, p. 3).” For our purposes, the significance of this view is that the locus of control for participation and management rests with the person with the disability, not the environment.

In the evolving definition of disability, this model is losing dominance of the narrative, in favour of the Social Model of Disability (Queen’s Printer for Ontario, 2018) (see below). Please also note that the Ontario Human Rights Commission (OHRC) has endorsed the social model of disability.

References:

Olkin, R. (1999). What psychotherapists should know about disability. New York, NY: Guilford Press.

Ontario Human Rights Code

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

Siebers, T. (2008). Disability theory. Ann Arbor, MI: University of Michigan Press.

The Ontario Human Rights Code is a provincial law enacted in 1962 that recognizes the importance of creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person can contribute fully to the development and well-being of the community and the Province. The Ontario Human Rights Code (OHRC, RSO, 1990, CH-19) guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services. This protection applies to elementary and secondary schools, and colleges and universities, both public and private. For our purposes, the process and substance of Academic Accommodations fall under this jurisdiction. Under section 1 of the Code, people with disabilities are protected from discrimination in “services”. This protection includes education services.For more information click to the Ontario Human Rights Code

The Ontario Human Rights Commission (OHRC) is an independent statutory body whose mission is to promote, protect, and advance human rights across the province as set out in the Ontario Human Rights Code.

To do this, the OHRC identifies and monitors systemic human rights trends, develops policies, provides public education, does research, conducts public interest inquiries, and uses its legal powers to pursue human rights remedies that are in the public interest.

The OHRC’s policies reflect its interpretation of the Ontario Human Rights Code and sets out standards, guidelines and best practices for how individuals, service providers, housing providers, employers and others should act to ensure equality for all Ontarians. The OHRC’s Policy on accessible education for students with disabilities provides practical guidance on the legal rights and responsibilities set out in the Ontario Human Rights Code as they relate to the ground of disability in the context of education. In particular, the policy addresses:

• the evolving legal definition of disability, and its implications for education providers
• the impact of ableism on the delivery of education and on the experiences of students with disabilities
• recognition of the central importance of inclusive design in the education context
• an emphasis on accommodations that promote integration and full participation;
• recognition that students with disabilities are individuals first, and should be considered, assessed and accommodated on an individual basis;
• acknowledgement of the unique ways in which students who identify by the ground of disability, along with one or more additional Code grounds (e.g. race, ancestry, sex, sexual orientation, etc.) may experience discrimination (i.e. the concept of “intersectionality”);
• the duty of education providers, in certain circumstances, to inquire into whether a student has needs related to a disability, and to offer assistance and accommodation, even if the student has not made a specific accommodation request;
• the type of medical/healthcare information that can be requested by education providers and should be provided by students to support an accommodation request;
• the principle that accommodation is a responsibility shared by all parties to the process;
• a reaffirmation of the high standard of undue hardship.

Educational institutions operating in Ontario have a legal duty to take steps to prevent and respond to breaches of the Code. This responsibility includes maintaining accessible, inclusive, discrimination and harassment-free education environments that respect human rights. It is not acceptable to choose to stay unaware of discrimination or harassment of a student with a disability, whether or not a human rights claim has been made” (Queen’s Printer for Ontario, 2018).

References:

For more information, view the OHRC website here.

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

The OHRC identifies that the duty to accommodate is informed by the following principles: respect for dignity, individualization, integration, and equal opportunity (Queen’s Printer for Ontario, 2018)

• Providing service with dignity means the customer maintains his or her self-respect and the respect of other people. Dignified service means not treating persons with disabilities as an afterthought or forcing them to accept lesser service. Finally, this means treating an individual as a whole person rather than solely as a person with a disability, which in turn, further supports self-determination.
• Individualization. The OHRC states that, “There is no set formula for accommodation. Each student’s needs are unique and must be considered afresh when an accommodation request is made. At all times, the emphasis must be on the individual student and not on the category of disability. Blanket approaches to accommodation that rely solely on categories, labels and generalizations are not acceptable” (Queen’s Printer for Ontario, 2018, p. 22).
• Integration means providing service in a way that allows the person with a disability to benefit from the same services, in the same place and in the same or similar way as other customers.
• Equal opportunity means having the same chances, options, benefits and results as others. In the case of services, it means that persons with disabilities have the same opportunity as others to benefit from the way you provide goods or services.

Reference:

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

Retroactive accommodations are considered when students experience either a sudden change in health status or newly diagnosed disability during a specific time period, which prevents them from being able to access support for disability-related needs. Retroactive accommodations may also be considered should students not self-identify and seek support as a result of fearing stigma associated with their disability. Retroactive accommodation requests involve students asking to make adjustments to the established rules and procedures relating to their studies such as being provided with the opportunity to complete missed assessments, adjust course registrations, etc.

Education institutions are required to consider all requests for accommodation meaningfully and on an individualized basis (Queen’s Printer for Ontario, 2018).It is recommended that students request access to academic accommodations as soon as possible before or during an academic term, but the Ontario Human Rights Commission (OHRC) indicates that students may identify needs for academic accommodations at any time during a term or academic year, even after deadlines for courses or typical college processes have passed. Institutions are required to meaningfully consider such requests for accommodations.

All course outlines and program handbooks at Algonquin now indicate to students that retroactive accommodation requests will be meaningfully considered.

Reference:

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

The social model of disability was developed as an alternative to the medical model of disability and purports disability as located in the social environment with physical, economic, attitudinal, and political factors (Thomas, 2004). These environmental barriers are experienced in all aspects of a person’s life, including work, housing, education opportunities, civil rights, transportation, and access to the architectural environment.

The social model of disability is recommended over the medical model of disability (defined above), which can result in individuals with disabilities feeling “excluded, undervalued, pressured to fit a questionable norm, and/or treated as if they were globally incapacitated” (Goering, 2015, p. 134). In contrast, the social model of disability “conceptualizes “disability” as the outcome of socially constructed barriers and society’s failure to accommodate difference” (Queen’s Printer for Ontario, 2018). The social model of disability has been recognized and followed by the Convention on the Rights of Persons with Disabilities (CRPD) as well as by the Supreme Court of Canada.

In the context of post-secondary education, the social model of disability requires that educational goals remove environmental barriers and shift the emphasis on accessibility from people with disabilities to society. Specifically, this means organizing learning opportunities such that they remove inherent barriers by utilizing teaching and learning strategies that are inclusive and usable by all students, including those with disabilities. For specific approaches, please see the Universal Design for Learning entry (above), Learning and Teaching Services, the Faculty Resource Page through the Centre for Accessible Learning website. Please also see the Inclusive Design entry on this page.

References:

Goering S. (2015). Rethinking disability: The social model of disability and chronic disease. Current reviews in musculoskeletal medicine, 8(2), 134-138. hrrps://doi.org/10.1007/s12178-F015-9273-z

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

Thomas, C. (2004). Disability and impairment. In J. Swain, S. French, C. Barners, and C. Thomas (Eds.), Disabling barriers- Enabling Environments (2nd ed., pp. 21-27). San Francisco, CA: Sage Publishing.

The OHRC legally requires post-secondary institutions to accommodate students with disabilities to the point of undue hardship (Queen’s Printer for Ontario, 2018)

The OHRC has defined undue hardship as the legal limit whereby the duty to accommodate may not be required and is informed by three factors: financial costs, outside sources of funding, and health and safety risks (ibid). The threshold to meet undue hardship is extremely high and would be considered only in cases only where accommodating students would result in severe negative effects that outweigh the benefit of providing accommodations. Factors such as inconvenience, student, or instructor morale, third party preferences, and collective agreements are not valid considerations in assessing whether an accommodation would cause undue hardship (See the OHRC 2018 Policy Accessible Education for Students with Disabilities)

While some degree of hardship may be expected in providing accommodation for students with disabilities, in most cases, it will not be difficult to accommodate a student’s disability. Accommodation may simply involve making policies, rules and requirements more flexible. When faculty have questions and/or concerns about how best to implement specific accommodations, they are encouraged to contact a student’s Disabilities Counsellor directly. The name of the Disabilities Counsellor is located on the student’s Letter of Accommodation.

For further information on undue hardship, please see the following: OHRC Undue Hardship

Reference:

Queen’s Printer for Ontario. (2018). Policy on accessible education for students with disabilities. Retrieved from: http://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities

Universal Design for Learning is a curriculum design framework that has its foundation in both neuroscience research and in the earlier architectural work of Universal Design (UD). The principles of Universal Design were developed in 1988 by Ron Mace and colleagues at North Carolina State University as a set of architectural guidelines for developing physical environments that are maximally accessible for all users, including those with physical limitations or disabilities (Fleisher & Zames, 2011). Aware of the principles of Universal Design through their early assistive technology work, the staff at the Centre for Applied Special Technology (CAST) applied Universal Design in their work with individuals who had varying types and degrees of disability to support their access to learning through various means, including technology. In the early 1990’s, CAST began to consider how Universal Design might be effectively applied beyond physical environments to educational and other learning environments. To explore these options, they looked to the research in neuroscience for insight as to how the brain learned most effectively. Through this research, CAST developed the core principles of Universal Design for Learning (Rose & Meyer, 2002) with the goal to: “develop expert learners who are purposeful and motivated, resourceful and knowledgeable, strategic and goal directed” (Black & Moore, 2019).

For guidance in applying and using this framework, please see the other Universal Design for Learning documents in Faculty Resources, CAL the Inclusive Education entry in this document, (see above), as well as Learning and Teaching Services Universal Design for Learning. For other Universal Design for Learning resources, please see the references listed below.

References:

Black, J. & Moore, E. (2019). UDL Navigators in higher education: A field guide. Wakefield, MA: CAST.

Fleisher, D. Z., & Zames, F. (2011). Disability rights movement: From charity to confrontation (2nd edition). Philadelphia, PA: Temple University Press.

Rose, D. H. & Meyer, A. (2002). Teaching every student in the digital age: Universal Design for Learning. Alexandria, VA: Association for Supervision and Curriculum Development.

Website compliance and guidelines are addressed in the Accessibility for Ontarians with Disabilities Act (AODA) For more information, please see the AODA entry above, or the AODA Website.

You may also explore The World Wide Web Consortium (W3C). This organization is responsible for the development and maintenance of the web. The W3C is committed to ensuring that the web is accessible to everyone. As part of its Web Accessibility Initiative (WAI), the W3C produced an international set of guidelines called Web Content Accessibility Guidelines (WCAG, 2.0), which outline how to make the web accessible to a wide range of individuals with disabilities. This overview includes overall principles, general guidelines, testable success criteria, and a collection of techniques and best practices. (Cooper, Caldwell, Guarino, Reid, & Vanderheiden, 2008)

Reference:

Caldwell, B., Cooper, M., Guarino Reid, L., & Vanderheiden, G. (Eds). (2008). Web Content Accessibility Guidelines (WGAG) 2.0. Retrieved from https://www.w3.org/TR/WCAG20/