Introduction

Reasonable accommodations are changes and modifications that can be made in the structure of the Job Corps program or in the manner in which the program is conducted that will allow a qualified person with a disability to participate to an equivalent degree as his/her nondisabled peers under the same or similar circumstances. Reasonable accommodation usually involves the provision of an appropriate service or product, or the modification or adjustment of a work or academic environment, policy, program or procedure.

The accommodation needs of an individual with a disability will depend on his/her functional capacities and limitations. There are seven categories of functional capacities and limitations that can impinge on a student's participation in the Job Corps program.

Policy

Any applicant/student with a disability is entitled to reasonable accommodation. Once an applicant/student with a disability requests accommodation or provides information indicating a disability is likely, the center (or OA contractor if the applicant needs accommodation to participate in the admissions process), must engage the applicant/student in an interactive process to determine the limitations resulting from their disability and the potential accommodations that would allow them to participate in the Job Corps program.

The PRH requires each center to have a reasonable accommodation policy (PRH 6: Section 6.11, R7 (b)). Center policy should include specific information about the role/responsibilities of each member of the IDT team and a detailed description of the actual accommodation review process.

Click here for a draft regional reasonable accommodation policy.

Keep in mind that the student is the best source of information about his or her disability and what assistance is needed to participate in the program. No accommodation should be implemented without first talking to the student.

Finally, career technical appropriateness and placement is a choice of the student. Restriction of a trade assignment is only acceptable if recommended by a physician or mental health specialist.

Click on the links below to review a graphical summary of the request for accommodation process for:

• An applicant who requests accommodation to participate in the admissions process

• An applicant who requests accommodation to participate in the Job Corps program

• A student who requests accommodation after enrollment in the program

For more information on reasonable accommodation, the definition of disability, examples of impairments that can be considered disabilities, and examples of possible types of documentation to support an accommodation request, see PRH Appendix 605.

Request

All applicants will be provided with the Job Corps reasonable accommodation request form (this is a Job Corps required form, it must be used as is and is the only form that can be used to document a request). In addition, each applicant will be informed of his/her right to request reasonable accommodation during the admissions process by:

• Admissions counselor (AC) will explain reasonable accommodation and go through the reasonable accommodation request form with each applicant

• All potential applicants who call to set up an admissions interview must be informed that Job Corps is covered by federal disability law, and as a result, must provide reasonable accommodation to individuals with disabilities. The caller should then be asked if they require accommodation to participate in the admissions process.

If the applicant is requesting reasonable accommodation (REQUEST CAN BE COMMUNICATED IN ANY FORM [E.G., ORAL, WRITTEN, SIGN LANGUAGE, ETC.]), the request should be documented on a reasonable accommodation request form. The AC should assist the applicant in completing the reasonable accommodation request form.

If the applicant is not requesting accommodation, the applicant should sign the request form indicating that he/she is not requesting accommodation at this time and is aware that accommodation can be requested at anytime during the applicant process or after enrollment.

If information on ETA 6-53 or information received from the applicant (e.g., IEP) indicates that the applicant may be an individual with a disability who may need reasonable accommodation to participate in Job Corps, the center must engage the applicant in an interactive process (even if the applicant did not request accommodation) to determine if or what accommodations are appropriate. The admissions counselor should document that the applicant has provided information indicating a disability is likely, but did not wish to request reasonable accommodation.

Applicants are not required to request accommodation during the admissions process and once enrolled in the program may request accommodation at any time.

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Documentation

If an applicant makes a reasonable accommodation request, the AC may assist the applicant in obtaining the appropriate documentation to support the request (if the request is made after enrollment, the DC may assist with collecting this information). In cases where both the disability and the need for reasonable accommodation are obvious, documentation requirements may be waived.

Required Documentation

The AC may ask the applicant for reasonable documentation about his/her disability and functional limitations. Job Corps is entitled to know that the person actually has a covered disability for which s/he needs a reasonable accommodation. Reasonable documentation to support a reasonable accommodation request means that the AC may request only the documentation that is needed to establish that a person has an actual, current disability, and that the disability necessitates a reasonable accommodation. Since the accommodation needs of an individual with a disability will depend on his/her functional capacities and limitations rather than his/her diagnosis, it is most important to obtain this type of information.

Obtaining Appropriate Documentation

The documentation about the disability and the functional limitations should come from an appropriate health care or rehabilitation professional. The appropriate professional in any particular situation will depend on the disability and the type of functional limitation it imposes. Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals.

In requesting documentation, centers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. The center must maintain the confidentiality of all medical information collected during this process, regardless of where the information comes from. If a person provides insufficient documentation of a disability in response to the center's initial request, the center should explain why the documentation is insufficient and allow the person an opportunity to provide the missing information in a timely manner.

Documentation of Prior Accommodation

If the applicant has received accommodation in the past, this documentation should also be obtained. This documentation is usually available from the school system (e.g., individualized education plan [IEP] or 504 plan) or disability service provider (e.g., vocational rehabilitation).

Applicant/Student Without Documentation

If an applicant's/student’s disability or need for reasonable accommodation is not obvious, and s/he refuses to provide the reasonable documentation requested by the center, then s/he is not entitled to reasonable accommodation.

If an applicant/student suspects that s/he may have a disability that has not been diagnosed and is unable to pay for an evaluation, the AC should provide appropriate referral information.

If request for accommodation without documentation is made after enrollment, the disability coordinator will meet with the student to discuss the possibility of obtaining existing documentation. Center staff should make every effort to assist the student in securing documentation whenever possible; however, it is ultimately the student's responsibility to secure and fund such services.

Resources for assessment:

• Health professionals such as psychologists, psychiatrists, physicians, or neurologists will sometimes offer services at a reduced cost or on a sliding fee scale
• Charter school partners
• Local community mental health agencies
• Local school districts
• Local university testing centers
• VR

Click here for information on learning disabilities assessment.

Students with certain disabilities (e.g., learning disabilities, mental disorders) may either not be aware of or not want to disclose their disability. If staff suspect that a student has a disability that is affecting his/her ability to participate in the program, these concerns should be discussed with the disability coordinator. Many centers have developed a referral process and related form (sample form 1 and sample form 2).

The AC will forward the accommodation request and related documentation with the applicant's file to the center of assignment.

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Reviewing a Request

Request for Reasonable Accommodation to Participate in Job Corps Admissions Process

If an applicant is requesting reasonable accommodation to participate in the admissions process, the outreach and admissions (OA) contractor will review the request. If the applicant requests an accommodation the OA contractor cannot provide or is unsure how to provide, the contractor should request assistance from the regional office. The OA contractor will maintain a written record of each accommodation request.

Request for Reasonable Accommodation to Participate in the Job Corps Program

All requests for reasonable accommodation will be reviewed at the center level (center of assignment). The review process should be an interactive process between the center, applicant (and parent/guardian, when appropriate), and, in some cases, outside service providers.

1. The disability coordinator is notified (and forwarded the file/request) when an applicant file contains an accommodation request or information indicating a disability is likely. If a student is requesting accommodation, the request is made directly to the disability coordinator.

Note: An applicant for any number of reasons may not request accommodation during the application process. If no accommodation request has been completed, but during the center review of the file, the information provided by the applicant (e.g., IEP or health information) indicates he/she may require accommodation, the disability coordinator should contact the applicant to discuss accommodation and if necessary, to begin an interactive process to determine what accommodations may be appropriate. Failure to engage the applicant in an interactive process could result in legal liability.

If the disability coordinator does not review all files, staff involved in this process will need training on what information to look for that may indicate a disability and where this information will likely be found in the applicant file.

• The disability coordinator will meet (in person or by telephone) with the applicant/student (and his/her parents if the applicant/student is a minor or requests his/her parents be involved in the meeting) to discuss the accommodations. If the need for accommodation is obvious and the request is straightforward, the accommodations that will be provided can be determined at this meeting and approved by the disability coordinator.

If the request involves complex medical or accommodation issues and/or significant expense, a formal meeting will then be required.

• Prior to the meeting (if necessary), the disability coordinator will determine (in conjunction with appropriate center staff (and regional staff, if necessary) if the accommodation requested is supported by the documentation provided. If the initial documentation is incomplete or inadequate, the disability coordinator can request additional documentation.

• An interdisciplinary team (IDT) of center-based and sometimes community-based service providers will then meet to review the reasonable accommodation request. Participants will vary depending on the nature of the request, but must always include the disability coordinator (chairperson) and applicant/student and his/her parents (if the applicant/student is a minor or requests his/her parents attend the meeting). If the student has an IEP or 504 plan, the academic manager should play an active role in the process. Other possible members may include health staff (particularly the center mental health consultant), career technical manager, counselor and representatives of departments directly impacted by the accommodation request. If the applicant/student is receiving benefits in the community, the referring agency, and/or other social services agencies from which the applicant/student derives or may derive benefits may be included in the meeting.

Note: The applicant/student must be included in the meeting as he/she is the best source of information about his/her disability.

• The disability coordinator will inform the participants of the accommodation the applicant/student has requested (if no specific accommodation has been requested, but the need for accommodation is evident, the IDT team should work through a process to determine what accommodations may be appropriate) and any prior accommodation that has been granted. The team will then determine:
  

  • If Job Corps can provide the requested accommodation or an alternate accommodation that is equally effective.

• The center staff responsible for ensuring the accommodation is made and the date by which the accommodation will be in place. Accommodations for applicants should be in place by the scheduled arrival date of the applicant.

• The amount and type of contribution to be obtained from other sources toward the purchase or acquisition of the requested accommodation.

If appropriate accommodations can be developed/agreed to at this meeting, an accommodation plan can be developed during this initial meeting. If additional information is needed or research into specific accommodations is necessary, the DC or appropriate staff should stay in contact with the applicant until a plan can be developed.

The center will make every effort to respond to the request in a timely manner and will inform the applicant/student if the request is being sent to the region for review or delayed for any other reason. It is suggested that centers complete the review of an accommodation request within 30-45 days (check with your region to see if there is a regional policy that specifies the number of days) of the arrival of the applicant's file on center.

Click here to request a video of actual IDT meetings for applicants to Job Corps with various disabilities.

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Evaluating A Request

There are many grey areas in the interpretation of what constitutes a reasonable accommodation; therefore, Job Corps has no specific list of accommodations that will or will not be provided. Each request for accommodation should be evaluated individually and a determination made regarding whether it is reasonable. When evaluating a request for reasonable accommodation, the following factors should be considered:

• Effect of the request on overall financial resources of the center, the region, and the program—Does the center have the funds to provide the accommodation? Can the Regional or National Office provide funding or identify other resources that may provide funding? What effect would funding a particular accommodation have on the total amount of resources available to the center, region, and/or program?

• Availability of outside funding—Can other agencies/organizations provide or contribute to the cost of providing the accommodation?

• Effectiveness of the accommodation—Will it allow the individual applicant to participate in and benefit from the Job Corps program?

• Benefits of the accommodation—Could the requested accommodation benefit other persons with disabilities?

• Effect of the accommodation—Will the requested accommodation affect the daily operation of the center, prevent or reduce the benefit other students receive from the program, or affect the ability of staff to do their job?

• Availability of existing or more appropriate accommodation at another center—Job Corps is required to make every effort to accommodate a person with a disability at the appropriate center in accordance with the assignment procedures in PRH-1: 1.3, R1. However, if this assignment is not sensible, the applicant should be assigned to a center that offers comparable training and is able to accommodate their particular needs.

Undue Hardship and Fundamental Alteration

If granting a requested accommodation would pose an undue hardship or fundamental alteration to the program, Job Corps is not obligated to provide it. Undue hardship means that providing the accommodation would be unduly costly or extensive when considered in light of the factors mentioned above. Fundamental alteration means that providing the accommodation would alter the nature or operation of the program based on the factors mentioned above.

In cases where the center determines that providing the accommodation would be an undue hardship or fundamental alteration, the center must take any other action that would not result in such a hardship or alteration, but would allow the applicant to participate in the program.

Applicants can only be denied admission to the program as outlined in the PRH; an applicant cannot be denied admission based solely on the need to provide reasonable accommodation.

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Developing an Accommodation Plan

Each student should have a written plan that details the accommodations agreed to during the interactive accommodation process. This plan should be signed by the student, DC, and any members of the IDT involved in the process. Click here for a suggested accommodation plan that can be modified to meet the needs of the center. The accommodation plan can also be developed in the accommodation screen in CIS, if appropriate staff have access to the screen and specific accommodation information is entered. If the plan is done in CIS, the plan should be printed out, signed by the student, and maintained in the student's accommodation file.

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Denying a Request

No accommodation can be denied at the center level. If the center feels providing the accommodation would be an undue hardship or a fundamental alteration to the nature or operation of the program and no alternate accommodation can be agreed upon, the decision must be forwarded to the Regional Director (RD) for a final decision.

Before sending a recommendation for denial to the region, center staff should review the following statements to determine if the reasonable accommodation process was completed.

• The center held an Interdisciplinary Team Meeting (IDT), that included the applicant and his/her parents/guardians/advocates to determine his/her reasonable accommodation needs.

• The interactive process was well documented.

• The IDT team considered specific accommodations.

• If appropriate, the center contacted the Job Accommodation Network (JAN), and documented the date, name of the JAN staff person who assisted, and JAN's recommendations for accommodation.

• The reason for the recommendation for denial is clearly documented (preferably on a center/regional denial form) and is because providing the accommodation would be an undue hardship or a fundamental alteration to the nature or operation of the program.

• The center offered another solution that would permit the applicant/student to participte in the program to the greatest extent possible. The applicant's/student's decision to decline this offer is documented.

• If the recommendation for denial is based on undue hardship due to cost, the regional and national offices were contacted to determine if assistance could be provided.

• The review of the request was completed within a reasonable amount of time (e.g., a dated log tracks the accommodation process and there was continuous progress toward a resolution unless extenuating circumstances are indicated on file).

If all steps were taken,the center should submit all documentation/notes/forms related to the request to the region for a final decision.

The RD will then make a determination after consultation with regional health consultants, other appropriate staff, and the National Office (e.g., National Nurse Consultant) as to whether there is an obligation to grant the accommodation request.

If the RD determines that the accommodation should be granted, the accommodation will be provided. If the RD determines that there is no obligation to grant the accommodation, the applicant will be provided a written statement to the applicant/student that includes the reason for the denial and why no other accommodation is possible .

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Record Keeping

Accommodation File

A separate file (similar to the student's health record) should be maintained for each student receiving accommodation. The originals of all forms and documentation relating to the reasonable accommodation request should be located in this file. Appropriate staff should have access to the information and medical records should be stored separately (in student's health record).

Suggested contents and layout for accommodation file:

When the student leaves the program, all accommodation-related information should become part of the student's permanent record.

Data Collection

The DC should maintain a log of all students with disabilities on center. Appropriate information from this log should be entered into the CIS disability data collection screen as required.

Click here for a sample log. The sample log is very detailed and collects outcomes and placement data. A simpler version can be created from this sample. Some centers just use the first few columns of this log and add other columns to meet needs. This log should be used as a double check to ensure all students in log are entered in CIS disability data collection screen and can be used for other purposes (e.g., to discuss/update plans for students during IDT meetings, to keep track of when accommodation plans need to be updated, etc.).

Notification of Accommodation

Each staff person who has a responsibility for providing or arranging for an accommodation will be informed in writing of this responsibility and must acknowledge that the accommodation will be provided in writing (see notification of accommodation memo in sample accommodation file). The DC will provide this information to managers in areas where the student is receiving accommodation. Managers are responsible for providing this information to appropriate staff and returning the acknowledgement that staff will provide the accommodation to the DC. The DC should maintain a tracking system (see notification of accommodation tracking form in sample accommodation file) to ensure that notifications have been made and accommodations are being provided as required.

Routing of the Accommodation Request Form

After an accommodation decision has been made, the DC will complete and provide a copy of the reasonable accommodation plan to the applicant/student and maintain a copy in the student's accommodation file.

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Follow Up

As the student participates in the program, new needs may be identified, therefore, modifications to the initial accommodation request are likely. The effectiveness of a student's accommodation should be evaluated on a regular basis throughout his/her enrollment in Job Corps (within 30 days of the implementation of the accommodation and at least every 60 days thereafter). The student's counselor and managers in areas where the student is receiving accommodation should provide follow up information to the DC.

Counselors should ask students with accommodation plans specifically about the effectiveness of their accommodation plans during regularly scheduled meetings with the student. This information should be passed on to the DC (see Accommodation Effectiveness Review Form in sample accommodation file) to update the student's accommodation plan. If a student's accommodation plan does not seem to be effective, the student will be scheduled to participate in the next IDT meeting or meet with the DC and appropriate staff to update the plan.

Managers in areas where the student is receiving accommodation should receive regular updates from staff on the progress of each student with an accommodation plan (see Accommodation Effectiveness Review Form in sample accommodation file). This information should be shared with the DC during IDT meetings.

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Confidentiality

Information regarding the applicant’s/student’s disability and prior accommodation will
be discussed during the process. To maintain confidentiality, documentation is made
available on a need-to-know basis only and participants in the process should not
discuss information about the request outside of the process. Those responsible for
implementing the accommodation will be informed of the accommodation and the
reasons for it only to the extent necessary to ensure effective implementation of the
accommodation.

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Funding

Often, an individual with a disability who enrolls in Job Corps can be accommodated
with little or no financial expenditure. For example, the individual may already have the
accommodation they require, or they can be accommodated using existing center
resources. Sometimes the accommodation merely requires a change in a policy,
program, or procedure (e.g., extended time for testing).

Centers are responsible for any costs associated with providing reasonable accommodation. If the center cannot fund the request, the regional office should be contacted. The National Office can assist with funding for high cost accommodations. National Office funding must be requested before the accommodation is provided.

All requests for funding should be processed as an emergency fund request (through the regional office) and sent to the National Nursing Consultant. If approved, the request will be funded through Job Corps contingency funds. National Office funding for medications (provided as accommodations) and personal use items is not available.

Click here for funding resources and tips.

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Job Accommodation Network

As Job Corps staff work through the reasonable accommodation process, the Job Accommodation Network (JAN) can be a valuable resource. JAN offers accommodation ideas for academic and career technical settings. To provide information about their resources, JAN, in partnership with the Job Corps National Office, has developed a brochure specifically for Job Corps staff. The brochure describes JAN’s services, how JAN can assist during the reasonable accommodation process, and the information Job Corps staff will need to prepare prior to calling JAN. Click on the following links to download the brochure: PDF format (requires Adobe Acrobat Reader) OR MS Word format.

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Frequently Asked Questions

1. If a student requests accommodation after arrival on center, does the center need to have an IDT process for the student?

Every request for accommodation, regardless of when it is made should be followed by an interactive process to determine accommodation needs. Simple requests may be handled by the DC alone. More complex requests require the participation of other team members, as appropriate.

2. If a student has a medical accommodation that is monitored and tracked in health services, does the student need a separate accommodation file?

The student should have a separate accommodation file that contains available information and notes any information that can be found in the health record. If the accommodation is of a sensitive medical nature, the student should have an accommodation file that says "accommodations monitored and tracked in health services".

3. An applicant has an IEP that was submitted as part of his/her application, but didn't request accommodation. What should the center do with the IEP?

The applicant should be contacted by the disability coordinator (or other appropriate staff member) to discuss the IEP and the center's reasonable accommodation process. If the applicant agrees accommodations may be helpful the applicant should go through the center's reasonable accommodation process. If the applicant refuses accommodations, this should be documented. Once the student arrives on center, he/she would be entered in the disability data log as a student with a disability who is not receiving accommodation.

The disability coordinator (or academic manager) should keep the IEP on file. If the student struggles in the program, the disability coordinator (or other appropriate staff) may revisit the accommodation process with the student.

4. A student mentions he/she was in special classes or had an IEP in school, but didn't request accommodation during application process or while on center. What should staff do with this information?

If a student disclosed he/she was in special education or has an IEP after arrival on center, the center should obtain the IEP or 504 plan and go through the reasonable accommodation process. The student does not have to ask directly for accommodation or complete the request form, a simple statement of the existence of an IEP or participation in special education can be considered disclosure of a disability to which reasonable accommodation must be offered.

5. Can an applicant/student provide his/her own accommodation?

An applicant/student can arrange for or provide their own accommodation (e.g., providing their own adaptive equipment), however, the procedure for requesting accommodation should still be followed. This provides documentation of the accommodation and ensures that the accommodation is appropriate in the Job Corps setting.

6. What if a applicant/student needs training related to his/her accommodation?

If a student needs training in the use of their requested accommodation, the
center will assist the student in obtaining it (e.g., arrange for training through community resources or state agencies, provide referral information).

7. Is providing personal use devices (e.g., hearing aide(s), batteries, etc.) considered reasonable accommodation?

No.  Personal use devices are not provided as a reasonable accommodation.  Center staff are encouraged, however, to assist the student locate community resources, determine private insurance coverage, if available, etc., that could assist him/her in secured the needed devices.  If a student is unable to secure new hearing aides, for example, then the center will need to accommodate the hearing impairment while the student is enrolled on center.

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