Section Two: Using Disability Services and Accommodations

Concerns and Complaints

Accommodation Disputes

The college is charged with adoption of a formal policy and set of procedures specifically for handling accommodation disputes. The following section gives information on the procedure to follow if you have a complaint.

Academic accommodation requests may be authorized only when the student has completed the college’s disability documentation and intake process, has formally requested an accommodation, and the accommodation is determined not to alter course content or present an undue burden. The Special Education Division is charged with using state and federal regulations to determine that:

1. the individual is a qualified person with a disability
2. the individual has educationally-related functional limitations qualifying for accommodation
3. the academic adjustment is appropriate.

If an individual disagrees with this determination or if the accommodation is denied, disputed or otherwise found inadequate, the student will follow the Informal Resolution procedure.

Steps in the Informal Resolution of Academic Accommodation Complaints:

1. A student dissatisfied with the decisions of a Disabled Students Program and Services (DSP&S-Special Education programs at De Anza) can discuss their concern with the specific staff member involved first. If the concern is unresolved, he/she can speak to the program Department Head, then the Dean, and the campus 504/ADA officer, if necessary.
2. If an instructor disagrees with the professional recommendation of a DSP&S (Special Education program) staff member or if an instructor denies an accommodation to a student, either student or instructor may contact the department that originally authorized the accommodation. Informal meetings shall proceed within five (5) instructional days. They may include all parties involved, including, if necessary, the Dean of the division involved or the Dean's designee and the Dean of Special Education.
3. If no informal resolution is reached within five (5) instructional days, the student, instructor or the DSP&S (Special Education) professional will refer the matter to the ADA/504 coordinator for review. The 504/ADA officer will render a decision and inform all parties within five (5) instructional days.
4. If the instructor or student disagrees with the decision, they will notify the 504/ADA officer in writing within five (5) days and an official college Grievance Process will be instituted.
5. The accommodation originally authorized by DSP&S (Special Education) will be permitted for at least a three (3) week period while the matter is under appeal. In the case of a dispute with a DSP&S program in the Special Education Division, the accommodation will be authorized for this period, if it does not represent an undue burden to do so. The 504/ADA officer will make any necessary determinations to extend the time period.

Steps in the Formal Hearing Process for Academic Accommodation Complaints:

Parties who wish to appeal a decision made by the ADA coordinator at the conclusion of the informal resolution process may then proceed with the formal college "Student Grievance Process", as outlined in the College Catalog under Fees, Policies and Guidelines (PDF) and reprinted in the appendix.