11 Tips for Getting the Most from Your Request-for-Accommodations

Many of us in the disability community are familiar with the term “accommodation.” Accommodations refer to modifications in the environment, curriculum, or workplace that enable people with disabilities to have equal access. They play a crucial role in how we engage with the world. But how can we make the most of these accommodations? Here are some tips to help you optimize their use in school, work, and everyday life.

What is an Accommodation?

The definition of “accommodation” varies depending on the relevant regulations. In this post, I’ll focus on interpretations found in the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act.

1. Americans with Disabilities Act (ADA): The ADA defines accommodations as modifications or adjustments to a job, work environment, or the usual way of doing things during the hiring process. Requests can address various workplace barriers, enabling a person with a disability to perform their job, compete for a position, or access benefits. Accommodations under the ADA can also be made in housing programs.

Common examples include:

Modifying job duties
Providing medical leave
Adjusting work schedules
Relocating the work area
Providing tech, mechanical, or electrical aids

2. Individuals with Disabilities Education Act (IDEA): In an educational context, accommodations help students overcome or work around disabilities to improve learning and understanding. These are categorized into:

Presentation: How students receive information
Response: How students demonstrate what they know
Setting: Adjusting the environment for learning
Timing/Scheduling: Modifying schedules and time demands

3. Section 504 of the Rehabilitation Act: As a civil rights law, Section 504 requires recipients of federal funding, such as school districts, to provide reasonable accommodations to people with disabilities. These ensure equal access to educational programs and activities.

What’s the Problem?

Securing accommodations for disabilities can be challenging for many reasons. Many people need to gain more knowledge of the regulatory guidelines. Should we assert our rights and confront individuals or organizations with the law, or should we simply accept the situation? It’s a dilemma I currently face.

Here’s my story:

I have a psychiatric service dog, Storm. Under the ADA and the Fair Housing Act (FHA), Storm is exempt from many “pet requirements.” When I applied for new housing, I provided a request-for-accommodations letter from my psychologist/therapist, detailing how my service dog mitigates my disability. I assumed that silence meant understanding and agreement, but I was wrong.

When I paid my first month’s rent, I ignored the $25 pet fee. Later, I received an email from Carolyn, the property manager, citing that I owed the exact amount. Reluctantly, I paid it.

The next day, I resent my service dog documentation, emphasizing that service dogs are exempt from pet fees. Carolyn responded, stating that I needed a letter from a medical doctor (MD). I was shocked.

Federal and Maryland laws are specific, but Carolyn continued to talk about company policies. They’re willing to accept my request for accommodations but only with a letter from an MD, which isn’t required. Service dog letters can come from licensed medical professionals, including psychologists, psychiatrists, nurse practitioners, and nurses.

Do I roll over and submit to their “bad request”? Do I spend time, money, and effort getting a letter from my primary care physician, even though it’s unnecessary? What about the next person who faces this issue? As a teacher, I see this as a teaching moment.

Can you relate?

Tips for Requesting Accommodations

Securing accommodations for your disability involves following a process that requires patience and persistence. Here’s how you can navigate it:

1. Identify Your Needs: Before requesting accommodations, make sure you fully understand what you need. Whether it’s extra time on tests, a quieter workspace, or a modified schedule, know exactly what will help you or your child succeed.

2. Understand Your Rights: Familiarize yourself with the relevant laws, such as the ADA, IDEA, or Section 504. Knowing your rights empowers you to advocate more effectively.

3. Gather Necessary Documentation: Proper documentation is critical. Make sure you have up-to-date evaluations, letters from medical professionals, and any other evidence that supports your request.

4. Communicate Clearly: When making your request, be concise and specific. Outline exactly what accommodations you’re seeking and how they will help. Be prepared to explain your needs to people who may not be familiar with your disability.

5. Be Persistent: You might face resistance or delays. Don’t give up. If your request is denied, ask for a written explanation and be prepared to appeal the decision if necessary.

6. Know When to Escalate: If your initial request is denied or ignored, don’t hesitate to escalate. In educational settings, you can request a meeting with the 504 or IEP team. In the workplace, consult HR or seek legal advice if necessary.

7. Collaborate with Allies: Build a network of support. Whether it’s a teacher, supervisor, or legal advocate, having allies who understand your situation can make a big difference.

Reasons Requests for Accommodations Are Denied

Denying a request for accommodations is a sensitive and complex issue, impacting the individual’s right to equal access. Here are some reasons for denial:

1. Lack of Documentation or Verification: Institutions and workplaces often require detailed medical or psychological evaluations to ensure the requested accommodation is genuinely needed. Without proper documentation, your request may be denied.

2. Fundamental Alteration of the Program: Accommodations should not compromise the standards or core requirements of a job or educational program. For example, if the requested accommodation alters the essential nature of a course, it may be denied.

3. Undue Burden: Requests that impose significant difficulty or expense on an organization may be denied. While schools and workplaces must provide reasonable accommodations, they aren’t required to go beyond what is considered feasible.

4. Safety Concerns: Accommodations that pose safety risks to the individual or others may be denied. For instance, an accommodation that creates a hazardous situation in a laboratory setting may not be approved.

5. Non-Compliance with Established Procedures: Requests that do not comply with the institution’s procedures and timelines may be denied. Adhering to specific processes, including deadlines, is essential to avoid denial.

Statistics and Ways to Overcome Challenges

Statistics show that many people struggle to obtain the accommodations they need:

Education: According to the National Center for Education Statistics (NCES), in 2019-2020, about 14% of students aged 3-21 received special education services under IDEA. A study by Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD) found that almost 70% of students with ADHD receive one or more school-based services. More than 90% of students on the Autism Spectrum receive accommodations.

Workplace: According to the U.S. Department of Labor, 19.1% of employed persons with a disability had a workplace accommodation in 2022. Studies show that providing accommodations leads to higher employee retention and productivity, yet less than 40% of employees with Autism receive accommodations despite over 70% disclosing their disability.

Ways to Overcome Challenges:

Clear Documentation: Ensure that all necessary documentation is thorough and up-to-date. This is crucial for avoiding denials based on lack of verification.
Collaboration and Dialogue: Engage in open communication between students, parents, and institutions. Clarifying the necessity and feasibility of accommodations is key.
Flexible Approaches: Institutions should consider alternative accommodations that do not fundamentally alter programs or impose undue burdens but still support the individual’s needs.
Advocacy and Legal Support: Seek advocacy or legal assistance to navigate the accommodation process and challenge unjust denials.

Summary

Accommodations are essential for ensuring that individuals with disabilities have equal access to opportunities. Understanding the relevant laws and how to effectively request and secure accommodations is critical for success. If your request for accommodations is denied, it’s important to seek a written explanation and pursue the necessary steps to advocate for your needs.

What has been your experience in requesting accommodations? Have you been denied accommodations? Join us in September 2024 in the Edie Loves Math Community forum to share information, experiences, strength, and hope.