CRPD/C/GC/4
30.
The definition of what is proportionate will necessarily vary according to context.
The availability of accommodations should be considered with respect to a larger pool of
educational resources available in the education system and not limited to resources
available at the academic institution in question; transfer of resources within the system
should be possible. There is no “one size fits all” formula to reasonable accommodation, as
different students with the same impairment may require different accommodations.
Accommodations may include: changing the location of a class; providing different forms
of in-class communication; enlarging print, materials and/or subjects in signs, or providing
handouts in an alternative format; and providing students with a note taker or a language
interpreter or allowing students to use assistive technology in learning and assessment
situations. Provision of non-material accommodations, such as allowing a student more
time, reducing levels of background noise (sensitivity to sensory overload), using
alternative evaluation methods and replacing an element of the curriculum with an
alternative must also be considered. To ensure that the accommodation meets the
requirements, will, preferences and choices of students and can be implemented by the
institution provider, discussions must take place between the educational authorities and
providers, the academic institution, students with disabilities and, depending on the
students’ age and capacity, if appropriate, their parents, caregivers or other family members.
Provision of reasonable accommodation may not be conditional on a medical diagnosis of
impairment and should be based instead on the evaluation of social barriers to education.
31.
The denial of reasonable accommodation constitutes discrimination and the duty to
provide reasonable accommodation is immediately applicable and not subject to
progressive realization. States parties must ensure that independent systems are in place to
monitor the appropriateness and effectiveness of accommodations and provide safe, timely
and accessible mechanisms for redress when students with disabilities and, if relevant, their
families, consider that they have not been adequately provided or have experienced
discrimination. Measures to protect victims of discrimination against victimization during
the redress process are essential.
32.
For article 24 (2) (d) to be implemented, students with disabilities should be entitled
to the support they require to facilitate their effective education and enable them to fulfil
their potential on an equal basis with others. Support in terms of general availability of
services and facilities within the education system should ensure that students with
disabilities are able to fulfil their potential to the maximum extent possible, including, for
example, the provision of sufficiently trained and supported teaching staff, school
counsellors, psychologists and other relevant health and social service professionals, as well
as access to scholarships and financial resources.
33.
For article 24 (2) (e) to be realized, adequate, continuous and personalized support is
to be provided directly. The Committee emphasizes the need to provide individualized
education plans that can identify the reasonable accommodations and specific support
required by individual students, including the provision of assistive compensatory aids,
specific learning materials in alternative/accessible formats, modes and means of
communication, communication aids and assistive and information technology. Support can
also consist of a qualified learning support assistant, either on a shared or on a one-to-one
basis, depending on the requirements of the student. Individualized education plans must
address the transitions experienced by learners who move from segregated to mainstream
settings and between levels of education. The effectiveness of such plans should be
regularly monitored and evaluated with the direct involvement of the learner concerned.
The nature of the provision must be determined in collaboration with the student, together,
where appropriate, with the parents, caregivers or other third parties. The learner must have
access to recourse mechanisms if the support is unavailable or inadequate.
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