Accommodation vs. Accessibility: A Pro-active Approach

Kelley Flowers, M.Ed.

Barbara Roberts, M.Sc OT Reg(NB), Ph.D.

Today’s Agenda

Legislation – the mandate – A reactive model

Accommodation vs. accessibility – From reactive to pro-active

Pro-active strategies – Determining essential requirements – Universal Instructional Design (UID) to Universal Design for Learning (UDL)

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Duty to Accommodate

Equity means

treating different people differently

“Fair” may not mean “the same”

Write a song…

Think of a song you know very well – National anthem, or religious, or popular, but

very familiar – Use your non-dominant hand

– Write the words – 60 sec.

Legislation

Provincial Human Rights Acts • Require accommodation of disability in

services delivery of education

• Principles in all human rights codes Dignity Individualization Inclusion

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Legislation and the duty to accommodate

Broad definition of disability

“physical disability” means any degree of disability, infirmity, malformation

or disfigurement of a physical nature

caused by bodily injury, illness or birth defect …includes, but is not limited

to, any degree of paralysis or …diabetes mellitus, epilepsy, amputation,

lack of physical coordination, blindness or visual impediment, deafness or

hearing impediment, muteness or speech impediment, or

physical reliance on a guide dog or on a wheelchair, cane, crutch or other

remedial device or appliance. (New Brunswick Human Rights Act, 2011)

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Legislation and the duty to accommodate

“mental disability” means (a) a condition of mental retardation or impairment, (b) a learning disability, or dysfunction in one or more of the mental processes involved in the comprehension or use of symbols or spoken language, or (c) a mental disorder (New Brunswick Human Rights Act, 2011)

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Accommodation

Accommodation – Human Rights Code requirement

– Reactive, individualized response

– Anti-discrimination, negative impetus

– Disability is in the person But focus is on the differential impact of systems

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Accommodation attempts to defeat discrimination with… Dignity and respect Individualized response To the point of undue hardship Without compromising bona fide requirements

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Accommodation Decision Tree © Barbara L. Roberts 2012

Is there a health condition?

Is there a barrier to participation?

Is the accommodation appropriate

to the condition?

Are essential requirements

maintained?

Yes No/Stop

Accommodate

Yes

Yes

Yes

No/Stop

No/Stop

No/Stop

Build skills

The focus is not impairment…

From Granovsky: “Section 15(1) [of the Charter of Rights and Freedoms] is ultimately concerned with human rights and discriminatory treatment, not with biomedical conditions.”

Accommodation vs. Accessibility

Accessibility – Pro-active, systemic approach

– Pro-accessibility, positive impetus

– Disability is in the environment Policies, systems, built environment, technologies, attitudes (WHO, 2001)

– Accessibility for Ontarians with Disabilities Act (AODA)

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Accommodation vs. Accessibility

Accommodation – Reactive, individualized

response

– Anti-discrimination, negative impetus

– Disability is in the person

But focus is on the differential impact of systems

Accessibility – Pro-active, systemic

approach

– Pro-accessibility, positive impetus

– Disability is in the environment

Policies, systems, built environment, technologies, attitudes (WHO, 2001)

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Legislation and the duty to accommodate

a limitation… exclusion, denial… because of… physical disability, mental disability… shall be permitted if the limitation, exclusion, denial is based on a bona fide qualification as determined by the

Commission.(New Brunswick Human Rights Act, 2011)

What is a bona fide qualification?

What is an essential requirement?

Bona fide occupational requirement “BFOR” – Cannot be adapted without compromising the

nature or objective of the task Examples: – Rate of administering compressions in CPR – Passing a fitness test to become a firefighter – Publishing technical research before it’s

obsolete

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Determining essential requirements

Is the requirement or standard established in good faith? (Meiorin)

Is the requirement or standard rationally connected to the purpose of the program or course? (Meiorin)

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Determining essential requirements

Is there evidence that the requirement is necessary? (Meiorin)

Is the requirement or standard socially constructed such that it excludes [various learning styles], for a reason that is irrelevant, based on assumptions about function or [students’ learning needs]? (Granovsky)

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The key question...

Is the requirement or standard socially constructed such that

it excludes [various learning styles], for a reason that is irrelevant, based on assumptions about function or

[students’ learning needs]? (Granovsky)

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To accommodate, or not?

Science education – Lab experiment on chemistry of soap – Objective:

After independently conducting an experiment to demonstrate the different effect of soap in a fat-based medium and a water-based medium, students will describe the chemical bonds that allow soap to remove dirt from surfaces.

PHOTOLIBRARY www.telegraph.co.uk

Where lies the disability?

In the environment – Legal test questions do not quantify the

student’s disability – Focus is on the construction of requirements

such that people with disabilities have an equal opportunity

– Speaks to the need for an accessible, inclusive environment

Policies, services, systems, activities, requirements…

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Pro-active: design for inclusion

Universal architectural design principles (UD):

www.udeducation.org Universal instructional design principles (UID/UDL):

http://www.tss.uoguelph.ca/uid/ http://www.udlcenter.org/aboutudl/udlguidelines

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Preventing Barriers with Universal Design

Originator - Ron Mace, North Carolina State University Principles of Universal Design – Equitable use

– Flexibility in use

– Simple, intuitive use

– Perceptible information

– Tolerance for error

– Low physical effort

– Size and space for approach and use

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Universal Design

.

Architectural

– Equitable use

– Flexibility in use – Simple, intuitive use

– Perceptible information – Tolerance for error – Low physical effort

– Size and space for approach

and use

.

Instructional – Fair, equitable use – Flexible use, participation,

presentation

– Straightforward, consistent – Info explicit, readily perceived

– Supportive environment

– Minimize physical effort

– Space is accessible

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Preventing Barriers with Universal Instructional Design (UID)

Universal Instructional Design is: – An attitude about how to teach more diverse

students – Techniques for accessible, inclusive learning – Supporting standards with flexible methods – Effective use of technology – Multiple delivery methods – Equal opportunity to participate and learn

(Bryson, Jim; LOTF 2004)

Preventing Barriers with Universal Design for Learning

(UDL) “Universal Design for Learning (UDL)

…addresses and redresses the primary barrier

to making expert learners of all students:

inflexible, one-size-fits-all curricula

that raise unintentional barriers to learning.”

(CAST, 2008)

Preventing Barriers with Universal Design for Learning

(UDL) “A universally designed curriculum is designed

from the outset to meet the needs of the greatest

number of users, making costly, time-consuming,

and after-the-fact changes to curriculum

unnecessary.”

CAST, 2008 [emphasis added]

Preventing Barriers with Universal Design for Learning

CAST’s 3 Principles of UDL

Provide: – multiple means of representation – multiple means of action and expression – multiple means of engagement http://www.udlcenter.org/aboutudl/udlguidelines

UID vs. UDL UID: 7 Principles – Info explicit, readily

perceived – Straightforward, consistent – Flexible use, participation,

presentation – Minimize physical effort – Supportive environment – Fair, equitable use – Space is accessible

UDL7: 3 Principles – Multiple means of :

representation action and expression engagement

Legal test question: Is the requirement socially constructed such that it excludes [various learning styles] for reasons that are irrelevant? (Granovsky) CAST’s 3 UDL Principles

Provide: – multiple means of representation – multiple means of action and expression – multiple means of engagement

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Opportunity!

Combining legal test questions + pro-active instructional design strategies = creative opportunity to meet the needs of diverse learners while ensuring academic integrity.

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Opportunity

For faculty - To design an environment and curriculum that includes all learners, to maximize their potential, in a climate of equal opportunity. For students - To participate in an accessible learning environment that supports participation in all aspects of higher education.

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Your course objective…

List two alternative ways to represent or convey the main idea List two additional ways students can physically perform the task, or express their knowledge List two ways students can exercise choice and autonomy in their participation

UDL – Reality!

How did this session demonstrate UDL? – Multiple means of representation? – Multiple means of action and expression? – Multiple means of engagement?

UDL as reality… You can, too!

Thank you! Kelley Flowers, M. Ed. flowers@unb.ca Barbara Roberts, M.Sc. OT Reg.(NB), Ph.D. Barbara.roberts@unb.ca