I. Purpose. The purpose of this Course Substitution and Waiver Procedure (“Procedure”) is to implement the College’s Disability Accommodations Policy (“Policy”) for Students.
A. Scope and Applicability. This Procedure applies to Students of the College in their capacity as students.
B. Student employees or other Employees seeking disability accommodations in the workplace, including for professional development courses, shall follow the Employees and Applicants Disability Accommodations Procedure.
II. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy or the Student Disability Accommodations Procedure.
B. All other capitalized terms in this Procedure have the following meanings:
1. CAS means the Committee on Academic Standards.
2. Course means the class for which the Student is seeking a Course Substitution or Course Waiver.
3. Course Substitution means an approved alternative course to replace a specific Course(s) required for the completion of requirements necessary to complete a credential, including a degree or certificate program.
4. Course Waiver means an approved exemption from a specific Course(s) required for the completion of requirements necessary to complete a credential, including a degree or certificate program.
5. Good Faith Effort includes, at a minimum, the following:
a. Completing the Course without dropping or withdrawing from it;
b. Utilizing approved Disability Accommodations for the Course;
c. Attending class regularly for the Course;
d. Completing assigned work for the Course.
6. Fundamental Alterations Review Committee means the Committee established pursuant to the Fundamental Alterations Review Procedure.
7. Profound Disability means a Disability that has been determined by DSS to meet the following criteria:
a. The Healthcare Provider and/or psychological or learning assessments show that the Disability is an insurmountable barrier to the Student’s ability to succeed in completing the requirements of a Course;
b. The Disability is unlikely to change; and
c. No Disability Accommodations that are likely to enable the Student to complete the Course have been identified.
III. Disability Accommodations for Academic Requirements
A. The College has established activities for completion of Academic Requirements, including Courses.
B. As set forth in the College Disability Accommodations Policy, Student Disability Accommodations Procedure, and Fundamental Alteration Review Procedure, a Qualified Student with a Disability may request appropriate academic adjustments or modifications to ensure equal opportunity to complete Academic Requirements.
C. If a Student requests a Course Substitution or Course Waiver as part of an Accommodation Request, the Student must follow the Student Disability Accommodations Procedure, including submission of all of the Required Documentation with an explanation from the Healthcare Provider as to why a Course Substitution or Course Waiver is a reasonable Disability Accommodation.
D. Except as otherwise provided below, all other provisions of the Student Disability Accommodations Procedure, including the procedures regarding Requests for Reconsideration and Appeals, will remain the same.
IV. Evaluation of Requests for Course Substitutions as a Disability Accommodation by DSS
A. When evaluating the Accommodation Request for a Course Substitution, DSS will determine, on a case-by-case basis, based on the information provided by the Student and the Healthcare Provider, whether the Student is a Qualified Student with a Disability and if so, whether:
1. The Student has a Profound Disability; or
2. The Student has a Disability but it cannot be predicted in advance whether, even with a Disability Accommodation, the Student will or will not be able to succeed in the Course for which a Course Substitution is requested.
B. DSS will provide a written decision to the Student within five (5) Business Days of the submission of the Accommodation Request and all Required Documentation, stating whether the Student is a Qualified Student with a Disability for which a Course Substitution is appropriate and whether DSS found that the Student has a Profound Disability.
1. DSS will not disclose information in the written decision regarding the underlying Disability and will maintain the confidentiality of the information provided by the Healthcare Provider and/or the Student regarding the underlying Disability.
2. DSS may extend the deadline if additional information is requested from the Healthcare Provider or the Student in order to evaluate the Accommodation Request.
C. Within five (5) Business Days of DSS sending the written decision to the Student, the Student must submit a Petition for a Course Substitution to the CAS for approval, including a copy of DSS’ written decision. DSS may assist the Student in preparing the Petition.
D. If the Student has already attempted the Course at the College or a prior institution, the Student should include an official transcript demonstrating a history of any previous attempts to complete the Course and any past history of Course Substitutions or Waivers granted by previously attended colleges or universities to be considered as a Good Faith Effort.
V. Evaluation of Petitions for Course Substitutions as a Disability Accommodation by the CAS
A. Upon receipt of the Student’s Petition, the CAS will make a decision regarding the Accommodation Request.
B. Fundamental Alteration
1. If the CAS, in consultation with faculty within the discipline, if needed, believes that the Course Substitution may result in a Fundamental Alteration, the CAS will notify the Student and DSS in writing and provide the reasons that the CAS believes that the Course Substitution would result in a Fundamental Alteration, and DSS will submit a request for a Fundamental Alteration Review pursuant to the Fundamental Alteration Review Procedure.
a. The Fundamental Alterations Review Committee will follow the Fundamental Alteration Review Procedure and will send a written determination to DSS as to whether the Course Substitution would result in a Fundamental Alteration, and DSS will send the determination to the CAS.
b. If the Fundamental Alterations Review Committee determines that a Course Substitution cannot be granted without causing a Fundamental Alteration, the decision will be forwarded to the CAS and DSS, and DSS will send a written notice to the Student that the Accommodation Request is denied.
c. If the Fundamental Alterations Review Committee determines that a Course Substitution can be granted without causing a Fundamental Alteration, the CAS will follow the Section entitled Determining Whether a Good Faith Effort Is Required.
d. The decision of the Fundamental Alterations Review Committee is binding on CAS and DSS and cannot be grieved or further appealed pursuant to this or any other College policy or procedure, except pursuant to the College’s Non-Discrimination Policy and related procedures
C. Determining Whether a Good Faith Effort Is Required
1. If the CAS does not believe that the Course Substitution would result in a Fundamental Alteration or the Fundamental Alteration Review Committee determined that the Course Substitution can be granted without causing a Fundamental Alteration, the CAS will consider whether the Student will be required to make a Good Faith Effort to pass the Course prior to granting the Accommodation Request.
a. If DSS found that the Student has a Profound Disability, the CAS will not require the Student to make a Good Faith Effort to pass the Course prior to being granted a Course Substitution.
b. If DSS found that the Student has a Disability but it cannot be predicted in advance whether, even with a Disability Accommodation, the Student will be able to succeed in the Course, the CAS may require the Student to make a Good Faith Effort to pass the Course prior to being granted a Course Substitution.
i. The CAS will determine if the Student has already made a Good Faith Effort to pass the Course.
ii. If the CAS finds that the Student has already made a Good Faith Effort, the CAS will not require a Student to attempt to pass the Course a second time prior to granting a Course Substitution.
2. The CAS will issue a decision to the Student and DSS in writing within five (5) Business Days of the Student’s submission of the Petition or the determination by CAS that granting the Course Substitution will not cause a Fundamental Alteration.
a. If DSS found that the Student has a Profound Disability or the CAS found that the Student already made a Good Faith Effort to pass the Course, the CAS will inform DSS in writing that the Accommodation Request can be granted and will include a list of possible Course Substitutions from which the Student may choose.
b. If DSS found that the Student has a Disability but it cannot be predicted in advance whether, even with a Disability Accommodation, the Student will or will not be able to succeed in the Course and the CAS determined that the Student has not already made a Good Faith Effort to pass the Course, the CAS will inform DSS in writing that the Accommodation Request cannot be granted until the Student makes a Good Faith Effort to pass the Course. In this case, DSS will engage in an interactive dialogue with the Student to determine an appropriate Disability Accommodation(s) for the Course in accordance with the Student Disability Accommodations Procedure.
3. If the Student had previously submitted an Accommodation Request for a Course Substitution for the Course that was denied and the CAS finds that the Student made a Good Faith Effort to pass the Course and was unsuccessful, the CAS will submit a request to the Registrar to change the final course grade to withdraw (W) on the student's transcript.
D. Course Waivers
1. To promote Students with Disabilities receiving the same quality of and access to education available to all Students, the College has a preference for issuing Course Substitutions over Course Waivers.
2. The College, however, recognizes that in the following rare circumstances a Course Waiver may be appropriate:
a. If the CAS informs DSS that a Course Substitution may be granted but CAS cannot identify an appropriate course that is available as a Course Substitution for the Course, DSS may grant a Course Waiver.
b. If DSS determines, based on information provided by the Healthcare Provider, that the Student has a Profound Disability that applies to all of the proposed Course Substitutions, DSS may grant a Course Waiver.
3. If a Course Waiver is granted, the Student must still satisfy the total number of credits required for the program of study to graduate.
VI. Impact and Parameters of Decision to Grant a Course Substitution or Course Waiver
A. When requesting a Course Substitution or Course Waiver, a Student should give full consideration to the impact of the proposed Course Substitution or Course Waiver on the Student’s ability to complete the Student’s program of study at the College or any other transfer institution.
B. The College’s decision to grant a Course Substitution or Course Waiver is applicable only to the particular Course for which the Course Substitution or Course Waiver was granted and only applies to the Student’s program of study at the College and may not be accepted at another institution of higher education to which the Student transfers.
C. The College may not accept the completion of an approved Course Substitution as also satisfying a required prerequisite for another course, including general education course requirements.
D. A Student seeking to transfer an existing approved Course Substitution to a different degree program from which the original Course Substitution was granted is required to submit a Petition to the CAS for the review and approval.
VII. Extensions of Deadlines. Deadlines set forth in this Procedure may be extended by DSS for good cause.
VIII. Appeal of Denial of Course Substitution/Waiver Requests.
A Student may appeal the decision to deny a Course Substitution or Waiver Request to the Provost/Vice President for Learning, by filing a written request with the PVPL within five (5) days of receipt of the decision. If the decision of CAS and/or DSS to deny a Course Substitution or Waiver Request is based on the finding of the Fundamental Alteration Review Committee, that portion of the decision cannot be appealed, as noted in Section V.B.1.d, above. The decision of the PVPL is binding and may not be further grieved or appealed.
Procedure Title: Course Substitution and Waiver Procedure for Student Disability Accommodations Procedure
Policy Category: General
Policy Owner: Provost/Vice President of Learning
Policy Administrator: Dean of Student Success
Contact Information: Bonnie Garrett, [email protected]; 410-777-2503
Approval Date: December 18, 2023
Effective Date: September 16, 2024
History: N/A
Applies to: All Students
Related Policies: Disability Accommodations Policy
Related Procedures:
Forms/Guidelines:
Relevant Laws: