Disability Services
Inherent Requirements
The CSU Disability Action Plan states:
Inherent requirements refer to the core and essential components of a position or a course of study. An educational institution cannot refuse to enrol a student with a disability who meets entry requirements unless it can demonstrate that the student cannot perform the “inherent requirements” of the course and that provision of appropriate “reasonable adjustment/s” would not remedy this situation. Under the DDA the educational institution must make arrangements to assist the student to meet course requirements unless it can show that this would cause it “unjustifiable hardship”. The onus is on the institution to demonstrate that the particular adjustment needed would impose on it an unreasonable hardship. (CSU Disability Action Plan 2002, p.4)
The Disability Standards state:
In assessing whether an adjustment to the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, the provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.
Note: In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award. Disability Standards 2005, 3.4 (3)
The question then remains, how to ascertain whether a particular subject or component of a subject is an inherent requirement of the course. Curtin UT in 2000 developed Guidelines to assist with this process, and the following is based on these Guidelines.
Guidelines and procedures to assist universities to examine the inherent requirements of their courses when accommodating students with disabilities and/or medical conditions - Developed by Curtin University of Technology, July 2000.
Guideline Questions To Determine The Essential Requirements Of University Units/Subjects
Q1. Has the faculty/school already determined if this unit is an ‘essential, important or optional’ subject and described it as such in publications? If so, how was this decided?
Here, the faculty/school needs to consider each of its units/subjects and ask what is it about the content of this subject which makes it ‘essential, important or optional’ to the students’ learning and on what grounds the decision was made.
In addition, has the faculty/school informed all its prospective students about the ‘essential, important or optional’ status of the units/subjects in the course?
Q2. What skills/abilities/knowledge must a student demonstrate to complete the subject ie the outcomes (eg cognitive, technical, interpersonal communication etc)?
The faculty/school needs to distinguish, if possible, between essential and desirable outcomes.
Usually a course will comprise some compulsory/core subjects. The current status of a subject, especially where it is based on professional requirements, may not necessarily render it essential to the course. The decisions about what constitutes the essential elements of a subject and consequently the course, are a matter of academic judgement, and must be justifiable on other than historical or employment-based grounds. Requirements imposed by external agencies (eg professional bodies, registration boards, external fieldwork agencies etc) are only important if they are essential to the academic course (as determined by university academic staff).
The faculty/school needs to determine which activities or tasks within a subject are essential and which are ancillary. For example, a geology student may be required to go on a field trip which involves travelling to a remote location in a 4WD vehicle, collect rock samples from an area of rocky terrain, analyse the rock sample at a base camp laboratory and spend the night at the base camp. Is the essential task the selection and collection of the rock sample, or is it the analysis of the rock sample? (It may be both). If it is only the analysis of the sample which is essential to the subject it may be feasible to dispense with some aspects of the field trip for a student who has a disability which would preclude him/her from collecting the rock samples.
Q3. How are the required skills/abilities/knowledge taught and assessed?
In addition to the standard lecture presentations, the faculty/school also needs to consider the purpose of, and participation in, both fieldwork and practical laboratory subjects. Do the teaching and assessment of this subject involve an agency which is external to the university? Does the external agency have input into determining the skills/abilities/knowledge taught in this subject?
Does the subject involve self-paced learning, practicum or fieldwork, or ‘wet or dry’ laboratory work? Is the student required to prepare assignments, complete examinations, prepare oral and tutorial presentations, participate in group projects or complete continuous test assessments?
Who has decided the content and assessment style of the subject?
Q4. Is the present method of instruction the only way that the required skills/abilities/knowledge can be acquired or imparted?
The faculty/school is reminded that a concern about the possible backlash or censure from industry, trade or the professions cannot influence a university decision to provide an accommodation in a subject. Many faculties/schools already have experience in accommodating students with disabilities and/or medical conditions, using special equipment, allowing extra time for the completion of work, allowing alternative exam arrangements or providing lecture notes.
In deciding what accommodation should be made, it must be noted that the university will unlawfully discriminate against a student with a disability and/or medical condition if it does not provide reasonable accommodation for the student’s disability unless it can be shown that the accommodation would impose financial hardship on the university. In order to claim financial hardship, the university would have to demonstrate that all due process had been followed and that the accommodation would cause detriment to others and incur expenses which the university deems to be unreasonable or excessive.