Abstract
Section 504 of the Rehabilitation Act and the Americans with Disabilities Act both exclude from otherwise required accommodations those that would fundamentally alter a course or program. Both courts and the Office for Civil Rights defer to academic judgments of universities that deny a requested accommodation as a fundamental alteration — provided universities engage in an academic process to make that determination. Two major court decisions, Wynne v. Tufts, 976 F.2d 791 (1st Cir. 1992) and Guckenberger v. Boston University, 8 F.Supp.2d 82 (D. Mass. 1998), established the framework for fundamental alteration determinations.
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