Substitution/Waivers Substitution/Waivers

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Substitutions

Section 504.104.44 (a) specifically states that "substitution of specific courses required for the completion of degree requirements" is a legitimate academic adjustment. Such accommodations are made only when it is clear that the student's disability makes completion of the requirement impossible and that such an accommodation does not alter the integrity of the academic program. Any requests for substitutions will be considered on an individual basis.
The guidelines that will be used in considering the substitution are:

  • Is it a reasonable accommodation request?
  • Does the content of the substituted course meet the nature and intent of the course for which it is being substituted?
  • Is the reasoning presented by the student for this substitution credible and logical?
  • Does the documentation on file with Services for Students with Disabilities justify the need for the substitution?
  • Has the student accessed available accommodations, assistance from faculty and the Tutoring Program, when applicable?
  • Has the student attempted the course?
  • Is there an alternative to substitution?

 

Process for Requesting Substitutions

Step 1: The student will complete the Course Substitution Request Form, and deliver it to the Director of Disability Services (DSO).
Step 2: The DSO Director will review the documentation of the disability and any pertinent law; and, if appropriate, forward the request to the chair of the specific department.
Step 3: The chairman, with the consultation of the academic advisor, will recommend an appropriate substitution and forward to the dean for approval.
Step 4: The dean will review and, if appropriate, endorse the recommendation for a substitution.
Step 5: If there is any question, the dean may seek final approval from the Vice President of Academic Affairs.
Step 6: If denied, the student has the right of appeal to the ADA Officer and/or the Office of Civil Rights.

Waivers

Waivers are illogical adjustments and, as such, not reasonable accommodations. Institutions are not required to eliminate or substantially alter standards for any requirements that they can demonstrate are legitimate, reasonable and necessary ... if it is an essential requirement for some, it most certainly should be considered an essential requirement for all ... if the program requirement is, in fact, reasonable, legitimate, reasonable and essential, there can be no justification for requiring nondisabled individuals to meet it while relieving similarly situated individuals with disabilities of the responsibility to do so. In general, the courses are designed to meet the criteria of being reasonable and necessary. Any consideration of a waiver would be an extreme situation that must have impeccable documentation. The coordinator will assist the student and make recommendations to the department chair and dean in determining an acceptable alternative or substitution.

GRIEVANCE PROCEDURES

Grievances - Internal Complaint

Students are encouraged to discuss their concerns with staff in Disability Services Office (DSO). DSO staff will attempt to resolve the issues causing concern by assisting the student in discussing issues with the faculty member, department, or program, participating in such discussions, or calling the faculty member and/or head of the department in an effort to clarify and resolve issues. Most situations are positively resolved through this process. If a satisfactory resolution is still not reached, the student should notify the Office of Affirmative Action where grievance procedures are filed for all students, including students with disabilities.
Contact Information

Disability Services Office
Eastern New Mexico University
1500 S Ave K, Station 34
Student Academic Services room 186
Portales, NM 88130
575.562.2280
www.enmu.edu/services/disability

Affirmative Action Office
Eastern New Mexico University
1500 S Ave K, Station 21
Administration Building room 113
Portales, NM 88130 
575.562.2115

Grievances-- External (OCR) Complaints

Although the student is encouraged to attempt to resolve a grievance within the campus process, he or she has the right to file any grievance directly to the Office of Civil Rights at any time.

The Statute of Limitations for filing a complaint with OCR is 180 days from the time the incident occurred. Forms may be obtained from the ADA compliance director, the Disability Services Office or online at www.ed.gov/ocr/ .

The OCR office for New Mexico is located at:

Denver Office
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582 
Telephone: 303-844-5695
FAX: 303-844-4303; TDD: 877-521-2172
Email: OCR.Denver@ed.gov


Forms Forms

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The following forms are available. You will need the free Adobe Acrobat Reader installed on your computer in order to read the forms.


Rights and Responsibilities Rights and Responsibilities

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Rights and Responsibilities of Students

In addition to notifying and documenting the need for accommodation(s), students with disabilities also have the following rights and responsibilities:

  • Equal access to all programs at each institution.
  • Disability-related records will be used to determine appropriate services and will be maintained separately from academic records.
  • Students initiate all requests for services and/or accommodations to the appropriate office at their institutions.
  • Students need to give institutions advance notice of needed accommodations(s).
  • Students will need to meet with the director of the disability services program for an intake appointment and discussion about the nature and impact of their disabilities.
  • Submission of documentation is not the same as the request for services; these are two different steps in the process of determination and provision of appropriate accommodations.
  • Generally, an Individualized Education Plan, 504 Plan or General Education Initiative from a secondary school does not provide thorough enough information for the documentation of disability and needed accommodations.
  • The Academic Accommodation Form does not relieve the student from attending class unless absences are indicated in the documentation of the disability.

Rights and responsibilities of the institution and the Disability Services Office:

  • The institution reserves the right to determine the appropriateness of submitted documentation and requests for accommodation(s) on a case-by-case basis, using the professional judgment of the Disability Services Director and staff.
  • Additional information may be requested to determine eligibility for services.
  • Relevant information regarding the student's disability may be shared with those who have a legitimate educational interest (i.e., seizure disorders).

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