This section provides relevant OCR letters, legal cases, and regulations related to course substitutions and waivers. They directly impact colleges that are seeking to assure that their policies and practices are aligned with federal and state requirements as interpreted by OCR and the courts.
In the 1998 follow up to the 1997 case finding, it was determined that Boston University had created a “deliberative procedure” and followed it. It was upheld that the university had reviewed the course according to specified requirements and processes, and determined within these confines that the course substitution would “fundamentally alter” the degree. Of interest in this finding is the detail to which the court evaluated the deliberative process against the test of Wynne v Tufts.
This class action suit brought by students with ADHD, ADD, and Learning Disabilities against Boston University led to findings that the college must develop and use a “deliberative procedure” to determine whether a request for course substitution would “fundamentally alter the nature” of the degree.
The University of Baltimore (2011)entered into a resolution agreement to resolve a disability discrimination complaint filed by a student who was denied a waiver or substitution of a math course.
This discussion is extensive and covers multiple topics. The index to the document provides a direct link to Course Substitutions.
An important case, Wynne v Tufts can be used as a resource when a college is evaluating its reasoning and process for course substitutions and waivers.
This 2010 ruling also addresses Math course substitution as an accommodation.
Still of significance today, this 1998 ruling addresses the accommodation of course substitution in Math
This section of the 504 Regulations clarifies the role of course substitution as part of an academic accommodation.