Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment in a way that is responsive to their own unique circumstances. The principle of accommodation involves three factors: dignity, individualization and inclusion.
duty to accommodate
Education is a “service” under the Code
Under the Code, every student with a disability is entitled to accommodation up to the point of undue hardship. The Code sets out only three elements that may be considered in assessing whether an accommodation would cause undue hardship:
It is the OHRC’s position that the duty to accommodate requires that the most appropriate accommodation be determined and then undertaken, short of undue hardship. The most appropriate accommodation is one that most respects the dignity of the student with a disability, meets individual needs, best promotes inclusion and full participation, and maximizes confidentiality.
Often, a number of parties might be involved in the accommodation process rendering it quite complex. Everyone should co-operatively engage in the process, share information and avail themselves of potential accommodation solutions. It is in everyone’s best interests that congenial and respectful relationships be maintained throughout the accommodation process.
The student with a disability (or his or her parent/guardian) has a responsibility to:
The principles of respect for dignity, individualization, inclusion and full participation apply both to the substance of an accommodation and to the accommodation process. The manner in which an accommodation is provided and the methods by which it is implemented are subject to human rights standards.
Under the Code, housing providers have a duty to accommodate the Code-related needs of tenants, to ensure that the housing they supply is designed to be inclusive of persons identified by Code grounds, and to take steps to remove any barriers that may exist, unless to do so would cause undue hardship. Costs will amount to undue hardship if they are quantifiable, shown to be related to the accommodation, and so substantial that they would alter the essential nature of the enterprise or so significant that they would substantially affect its viability.
Under the Code, housing providers have a duty to accommodate the Code-related needs of tenants, to make sure that the housing they supply is designed to include people identified by Code grounds, and to take steps to remove any barriers that may exist, unless to do so would cause undue hardship.
The duty to accommodate will only arise where a prima facie case of discrimination on the basis of family status has been demonstrated, as discussed above. Generally, the duty to accommodate will only become an issue in cases where rules, policies, practices, or institutional structures, assumptions or culture are perpetuating or leading to the disadvantage of persons identified by a particular family status.
Section 1 of the Code prohibits discrimination based on family status in the social areas of services, goods and facilities. This is an extremely broad social area, covering everything from corner stores and shopping malls, to education, health services and public transit. The issues are therefore also extremely diverse. However, very little attention has been paid to these issues.