If vision is truly essential to carry out the requirements of the course,
and if lack of vision would pose a safety risk, arguably the student may not
be "qualified" to meet standards for participation. The Canadian National
Institute for the Blind (CNIB) may have job consultants who could evaluate
the situation, with knowledge of the capabilities of those with vision
problems, to see whether accommodation is possible. (I'm sure CNIB must
have a website).
Another thought: One of the civil rights laws in the U.S., Section 504 of
the Rehabilitation Act, under the section discussing "auxiliary aids",
states that institutions "need not provide attendants, individually
prescribed devices, readers for personal use or study, or other devices or
services of a personal nature." Thus, tutoring or individual teaching is
not required, unless tutoring is provided to students without disabilities,
in which case a student with a disability should have access to such
tutoring.
Section 504 regulations also state that "academic requirements that the
recipient can demonstrate are essential to the program of instruction being
pursued by such student or to any directly related licensing requirement
will not be regarded as discriminatory within the meaning of this section."
I don't know if these guidelines will be helpful to you, given the
differences between your lawa and ours, but they may make some sense as
guidelines or parameters to think about.
Blind people have done and are doing remarkable things, some of which would
appear to sighted people to be "unsafe." I have a blind friend who is a
heating/air conditioning technician and makes a pretty good living at it.
He climbs around, and plays with ducts and motors, and heaven knows what
else.
Has this been discussed with the student? What does he think about the
safety and requirements issues?
- Jackie McCraw
-----Original Message-----
From: SUSAN ALCORN MACKAY [mailto:[log in to unmask]]
Sent: Thursday, August 31, 2000 7:50 AM
To: [log in to unmask]
Subject: canadian problem, vision disability
We don't have the ADA in Canada but we do have Human Rights Legislation that
does guide us in providing accommodations to students with disabilities.
Mostly the issues are fairly clear but I have an issue today that is a
complex one - accommodation? vs safety? vs substantive program
modification.?
Any thoughts you may have to illuminate this situation would be very
welcome.
Day of registration, we find a legally blind student fully registered in
Automotive Maintenance. Student has Retinitis pigmentosa which has
degenerated over the past year. 50% of the work is done in the shop and each
project must be accomplished in the shop and graded. There is specific time
to do these projects which involve engines, tools and safety, gasoline and
diesel fuel systems, power trains, suspension, steering and brakes.This
course introduces shop practices, hand and power tools, measuring and
cutting tools, shop equipment, oxy-acetylene welding fundamentals, graphic
communications, shop systems, first aid, seals, fasteners, lubricants, air
conditioning systems and CFC Certification
Our first thought was to provide an educational assistant to ensure safe
practices in the shop. The teacher quickly dispelled that notion as helpful;
an ea would require the qualifications of an automotive technician to be
truly safe and helpful. Keep in mind that the shop is full of students who
are just learning with all manner of equipment. Some of the projects are
very detailed and precise. This would necessitate the expense of an
automotive technician ($25-30/hr or about $15,000-20,000)
With or without a technician, the teacher is understandably concerned about
safety. The teacher is responsible for the safety of ALL students and the
physical plant.
It became clear that this situation was anything but clear!
It would appear that this student, even with accommodations, may present a
significant safety risk to other students.
There is also a question of the validity of the suggested accommodation. The
need for an automotive technican may really be a substantial change in how
the program is delivered; is this not one-to-one teaching? - Not an
accommodation but a special program created 50% of the course time for a
particular student.
Does anyone feel that hiring teachers for one-to-one teaching of certain
students with vision disabilities (or motor, or hearing, or psychiatric or
some LDs) and providing alternate but equal access to facilities, is a
reasonable accommodation for a publically funded college?
We have requested (and will pay for), an opinion by the student's
opthamologist about his ability to perform the essential requirements of the
course given the program demands the teacher is completing on the lab
component.
My questions:
1) is a technician an appropriate accommodation? or is that a substantive
alteration of program?
2) is the safety issue valid?
I would much preferred having this conversation in May - may have saved the
student $65, + $300 shop supplies, a year potentially lost due to a career
adjustment. But his high school didn't assist him with any transition
planning.
Any help to illuminate this situation would be definitely appreciated!!!
Susan Alcorn MacKay, Director
The Glenn Crombie Centre
Cambrian College
Sudbury, On P3A 2V8
http://homepages.cambrianc.on.ca/snrrc
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