Reasonable Accommodation Policy
This policy shall not be construed as providing rights or obligations not required under applicable laws.
The Washington State University 4-H Youth Development Program (WSU 4-H), through its curriculum, programs, and events, provides a supportive environment for diverse population groups with an overarching respect for individuals’ personal values and ideas. WSU 4-H takes seriously its responsibility to offer educational programming opportunities equitably to all qualified persons who can be reasonably accommodated.
For WSU 4-H to accomplish its goals, WSU 4-H staff and leaders, and event officials should make all reasonable accommodations to allow youth with disabilities to participate in WSU 4-H activities and events.
Persons with disabilities have the right to request and receive personal accommodation. Each youth and event must be evaluated individually, assessing whether the youth is qualified for the event and whether he or she would be able to participate in the event with or without accommodation. So long as the youth meets the essential requirements of the activity, participation should be welcomed.
Instructions for Requesting Reasonable Accommodation
To request reasonable accommodation for a 4-H participant, please follow these instructions:
- Read and understand the additional information below, which outlines definitions and other information regarding the Reasonable Accommodation Process.
- The best way to communicate your request is to complete the WSU 4-H Reasonable Accommodation Form. This form will be forwarded to your local Extension office.
- Inform your local Extension office that an accommodation request has been submitted.
Definitions
Essential Functions
Essential Functions/requirement means the skill, experience, education, and other requirements of the activity desired. The term “Essential functions” does not include the marginal functions of the activity.
Person with a Disability
Person with a disability means:
- Under 42 U.S.C. 12102, a person with a physical or mental impairment that substantially limits one or more major life activities; or
- Under RCW 49.60, a person who has an abnormal condition that is medically cognizable or diagnosable and who is denied reasonable accommodation or is discriminated against on the basis of that condition.
Qualified Individual with a Disability
Qualified individual with a disability means an individual with a disability who meets the skill, experience, education and other requirements of the activity desired, and who, with or without reasonable accommodation, can perform the essential functions of the activity.
Reasonable Accommodation:
Reasonable accommodation means modification or adjustment to a job, work environment, policies, practices, or procedures that enables a qualified individual with a disability to enjoy equal opportunity to participate in the benefits of the program and that does not impose an undue hardship on the program sponsor.
Undue Hardship:
Undue hardship means an excessively costly, extensive, substantial or disruptive modification, or one that would fundamentally alter the nature of the activity or event or operation of the institution or program.
General Obligations
- WSU will provide reasonable accommodation to the known physical, mental or sensory limitations of an otherwise qualified individual with a disability.
- The obligation to provide a reasonable accommodation applies to all aspects of participation in WSU 4-H. This duty is ongoing and may arise any time that a person’s disability or the activity changes.
- The need for reasonable accommodation shall not adversely affect the consideration of a youth with a disability for opportunity to enjoy equal terms, benefits, privileges, or conditions of participation in the WSU 4-H program.
- Generally, it is the obligation of an individual with a disability to request a reasonable accommodation.
- A qualified individual with a disability has the right to refuse an accommodation. However, if the individual cannot perform the essential functions of the activity or event without the accommodation, he or she will not be considered to be an otherwise qualified individual with a disability after refusing the accommodation.
Confidentiality of Medical Information
All information regarding the presence or nature of a participant’s disability is treated as a confidential medical record and is maintained in a secure manner with access restricted to designated personnel on a need to know basis.
While participants are not required to disclose medical facts to WSU 4-H leaders, they may be expected to provide such information to other WSU representatives who have responsibility for assisting with the accommodation process.
Reasonable Accommodation Request Process
- A reasonable accommodation request is submitted. If accommodation is not requested at least two weeks prior to an event, we cannot guarantee the availability of accommodation on-site.
- Once WSU 4-H receives a reasonable accommodation request, the staff or leader will talk with the parents or guardians and when appropriate, the participant to determine the youth’s specific physical or mental abilities and limitations as they relate to the essential activity functions, identify the disability-related barriers, and assess how accommodation can overcome these barriers.
- WSU 4-H may consult with other knowledgeable sources to identify potential accommodations and assess how effective each would be in enabling the youth to perform the essential functions.
- If there are two or more effective accommodations that would allow the youth to perform the essential functions, after considering for the preference of the parents, guardians and the youth, WSU 4-H may select the accommodation to be provided.
- Information contained in communications regarding activities or opportunities covered under this policy, including how to make a request for accommodation, must be provided to parents, guardians and the youth with a disability in a manner or format that is readily accessible to them. All WSU 4-H members and applicants must be notified about WSU 4-H’s obligation to provide reasonable accommodations.
Steps:
Unless the disability or need for accommodation is obvious, it is the responsibility of the parent, guardian, or youth to inform WSU 4-H that a reasonable accommodation is needed. When the disability or the need for reasonable accommodation is obvious, the WSU 4-H staff or leader should inquire whether the parent or guardian perceives a need for accommodation. This must be done carefully to avoid an improper inquiry about the youth’s possible disability and to protect the youth’s right to privacy. The WSU 4-H Program Director must be contacted to assist with this process.
- WSU 4-H reviews the activity and the essential functions of the activity or event.
- WSU 4-H and the parent or guardian then discusses the youth’s specific physical or mental abilities and limitations as they relate to the essential functions of the activity. This includes a discussion of the parent or guardian preferences with regard to reasonable accommodations.
If the disability precludes the youth from performing the essential functions of the activity or event, WSU 4-H will undertake the following actions as appropriate:
- Evaluate the youth’s functional abilities and limitations and the essential functions of the activity.
- Explore options available for reasonable accommodation, including, but not limited to:
- Making existing facilities readily accessible to the disabled youth;
- Restructuring the activity in a manner consistent with reasonable accommodation;
- Modifying activity schedules;
- Changing rules and policies that do not fundamentally alter the activity or event, or create a competitive disadvantage for other participants;
- Acquiring or modifying equipment or devices;
- Provide qualified readers and interpreters and documents which are accessible to the person with disabilities; and/or
- Allowing assistance from another individual for an event or activity unless such assistance creates a competitive disadvantage for other participants;
- Determine the most effective reasonable accommodations.
- Evaluate whether the youth can perform the activity in a manner safe to others and the youth.
- Discuss alternative accommodations with the parents or guardians.
- Evaluate undue hardship.
An accommodation is unreasonable if it results in an unfair competitive advantage in a competitive event.
WSU 4-H shall not charge a higher fee, or a surcharge, for the cost of accommodations.
If no reasonable accommodation can be devised or the parent or guardian declines a reasonable accommodation offer for the youth, the youth may not be able to participate in the activity or event. Before a final decision is made, the staff or leadership must notify the WSU 4-H Program Leader and receive a written confirmation from the WSU 4-H Program Associate Director that a reasonable and acceptable accommodation is not possible.
Undue Hardship Determination
WSU 4-H is responsible for making reasonable accommodation unless doing so would impose an undue hardship on the operation of the institution or a particular program. However, before concluding that a particular accommodation would impose an undue hardship, WSU 4-H will consider whether there are alternative accommodations that would not impose undue hardship. WSU 4-H must provide written justification, signed by the Director of WSU Extension, for any decision not to provide an accommodation because of undue hardship. An accommodation is unreasonable if it results in an unfair competitive advantage in a competitive event.