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Rector’s Ordinance

concerning the adjustment of the educational process to the needs of persons with disabilities

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Ordinance no. 86 by the Jagiellonian University Rector of 28 July 2017 on the adjustment of the educational process to the needs of persons with disabilities and persons with special health conditions

Ordinance no. 86 by the Jagiellonian University Rector of 28 July 2017 on the adjustment of the educational process to the needs of persons with disabilities and persons with special health conditions

At the Jagiellonian University, the provision of support for persons with disabilities in terms of access to education is regulated by Ordinance no. 86 by the Jagiellonian University Rector of 28 July 2017 on the adjustment of the educational process to the needs of persons with disabilities and persons with special health conditions. The procedure spelt out therein provides for a detailed description of the decision making process concerning persons with permanent or temporary disabilities. Importantly, the Jagiellonian University is one of the few Polish schools of higher education where the process is strictly regulated. Under the Rector's Ordinance students are given the right to apply for a number of specialist services and adjustments, and at the same time obligations and timeframes are set to be met by the student for his/her provision to be a reasonable accommodation.

What is a reasonable accommodation?

Such an adaptation is what the UN Convention on the Rights of Persons with Disabilities calls necessary and appropriate modification and adjustments effected in order to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. Such an accommodation should be effective for a given person yet not imposing a disproportionate or undue burden on the support-providing institution. Looking for appropriate solutions in the educational process one must take that perspective into consideration. As a result, it is imperative to accept the fact that it is necessary to offer additional rights to persons with disabilities in this case. However, it should take place in such a way as to avoid favouring one group over some other, in the university context those with disabilities versus non-disabled students. The Ordinance by the Jagiellonian University Rector on the adjustment of the educational process to the needs of persons with disabilities and persons with special health conditions is consistent with the understanding of the term "reasonable accommodation" provided for in Article 24 of the UN Convention on the Rights of Persons with Disabilities.

For those interested, the text of the Ordinance is available on the Public Information Bulletin website at: http://www.don.uj.edu.pl/documents/1686948/2450750/Ordinance+no.+86/159e41a6-cac9-40fa-b359-99f8608cdd87

or below:

Ordinance no 86 of Jagiellonian University Rector of 28 July 2017 concerning the adaptation of the educational process and scientific research to the needs of persons with disabilities and persons in special health circumstances

Pursuant to Article 27(4)(a) of the Statute of the Jagiellonian University in connection with Article 31(4) of the Rules governing first- and second-degree studies as well as uniform Masters studies adopted by the resolution of the Jagiellonian University Senate no 45/IV/2015 of 29 April 2015 (as amended) and Article 21(1) of the Rules of doctoral studies adopted by the resolution of the Jagiellonian University Senate no 46/IV/2015 of 29 April 2015, I have ordered as follows:
 

Article 1
1. Undergraduate and doctoral students with disabilities and persons in special health circumstances, hereinafter the "students" or "persons applying for adjustments", may apply for the adaptation of the educational process and scientific research to the needs of persons with disabilities and persons in special health circumstances, hereinafter the "adjustments".
2. The objective of the adjustments is ensuring equal educational opportunities for persons with disabilities and other persons in special health circumstances as regards their full access to the educational process and scientific research at the Jagiellonian University.
3. The adjustments shall be applicable to all forms and programmes of first- and second-degree studies as well as uniform Masters studies and third-degree studies offered at the Jagiellonian University.
4. The adjustments may pertain, in particular, to examination formats, course of the study as well as the physical environment where educational courses and scientific research take place.
A list of examples of various types of the adjustments is publicly available on the website of the Disability Support Service, hereinafter the "JU DSS", at http://www.don.uj.edu.pl.
5. The adaptation process shall involve:
1) staff of the JU DSS;
2) educational advisers of the JU DSS who are appointed staff members of the JU DSS in charge of implementing the adaptation process in compliance with this Ordinance;
3) deans of relevant faculties or heads of studies in case of doctoral students;
4) academic teachers or persons delivering educational courses at the Jagiellonian University, and
5) administrative personnel of the University.
6. Each application for educational process adaptation shall be examined on an individual basis, duly respecting the notion of ensuring equal educational opportunities and reasonable adjustments to the needs stemming from a disability or chronic illness.

Article 2
1. The following persons may apply for the adjustments:
1) persons with disabilities holding a valid disability degree attestation or an equivalent document;
2) persons chronically ill who do not hold a disability degree attestation whose health circumstances are confirmed by specialist documentation submitted with the JU DSS, and
3) persons whose sudden illness or accident result in their temporary incapacity to fully participate in lectures and/or course meetings and such circumstances are confirmed by specialist documentation submitted with the JU DSS.
2. The adjustments shall be granted to students for a single semester or academic year, depending on their health circumstances a well as needs related to the educational process and scientific research.
3. The adjustments should take into account:
1) the degree and type of disability, and in cases referred to in para. 1(2) special needs related to their health condition;
2) the specific substantive requirements related to the course of the studies pursued;
3) justified and reasonable needs of the person applying for the adjustments related to the correct implementation of the educational process and scientific research, and
4) the relations between the type of disability or health condition and the difficulties in performing one's obligations related to the studies.

Article 3
1. The adjustments of the educational process shall be granted upon a written application of the undergraduate or doctoral student, hereinafter the "application".
2. The decision as to the granting of the adjustments shall be made by:
1) as regards undergraduate students - the dean of the relevant faculty, and
2) as regards doctoral students - the head of the PhD studies.
3. The application shall be submitted with the JU DSS, not later than a month prior to the planned date of using the adjustments. In particularly justified cases, it shall be allowable to submit the application after the deadline, if, given the type of the adjustment, its implementation is possible despite the lapse of the deadline.
4. In special cases, particularly in emergencies and cases indicated in Article 2(1)(3), it may be possible to submit the application with the relevant dean's office or the unit managing the PhD studies; in the circumstances, the dean of the relevant faculty or the head of the PhD studies may issue a such a decision without consulting the JU DSS.
5. The application referred to in para. 3 shall be accompanied by the documentation referred to in
Article 2(1).
6. An educational adviser from the JU DSS shall analyse the documentation submitted by the student and then draft, without delay, an opinion concerning the rules and conditions regarding the adjustments and send it, together with the student's application, to the dean of the relevant faculty or the head of the PhD studies so that the decision regarding the matter can be made.
7. Should the educational adviser of the JU DSS find that the documentation submitted is insufficient for the application to be examined, he/she may request the person applying for the adjustments to complete the documentation or attend a specialist consultation session at the JU DSS at a date specified by the JU DSS.
8. The educational adviser of the JU DSS shall:
1) in agreement with the student, specify the individual needs of the person applying for the adjustments stemming from his/her disability or health condition which may have an impact on the implementation of the educational process and the conducting of scientific research;
2) collect documentation confirming the specific difficulties of the person applying for the adjustments;
3) have the right to request an opinion from academic teachers or persons delivering courses/lectures at the University in order to propose most adequate adjustments given the health circumstances and taking into account the specific characteristics of a given programme, major or area of study, as well as adjusted to the University's capacity to deliver them;
4) procure information concerning the student's course of studies thus far from an employee of a given dean's office or secretariat of the unit managing the PhD studies, and
5) notify the dean of the relevant faculty or the head of the PhD studies of the obstacles in the student's adaptation process, in particular if the student should pose a threat or fail to observe other rules of cooperation with the educational adviser. In such cases, the educational adviser may also consult the officer in charge of the safety of undergraduate and doctoral students and the security specialist appointed by the JU Rector.
9. The JU DSS may issue a negative opinion on the application, if:
1) the documentation submitted is incomplete;
2) the documentation submitted or the outcome of the specialist consultation held at the JU DSS fails to confirm the relation between the type of disability or health condition and the difficulties in the fulfilment of the obligations related to educational process implementation and conducting scientific research by the student, and
3) if the application of the adjustments would be unreasonable.
10. Prior to taking the decision, the dean of the relevant faculty or the head of the PhD studies may request the JU DSS to make the student's specialist documentation, including his/her medical file, available to them. The documentation shall be submitted to the dean of the relevant faculty or the head of the PhD studies by an educational adviser.
11. The decision shall be notified to the student by a given dean's office or secretariat of the unit managing the PhD studies. An employee of a given dean's office or secretariat of the unit managing the PhD studies shall be obliged to make a note on the decision document, featuring the detailed date (day, month, year) of the decision announcement or the service of the decision on the student.
12. A copy of the decision shall be delivered to the JU DSS as well as to a given dean's office or secretariat of the unit managing the PhD studies so as to ensure the feasibility of the implementation of the adjustments.
13. Having received the decision, the JU DSS shall send detailed recommendations concerning the adjustments to be made granted to the student to a given dean's office or secretariat of the unit managing the PhD studies.
14. The dean's office or secretariat of the unit managing the PhD studies shall send the recommendations referred to in para. 13 to the academic teachers or persons delivering the courses/lectures attended by the student.
15. Should the adjustments be denied to the student, he/she shall enjoy the right to appeal against the decision.
16. The appeal shall be lodged in writing within 14 days after the announcement or service of the decision on the student, to the JU Rector through the dean of the relevant faculty or the head of the PhD studies.
17. The JU Rector's decision on the matter shall be final.
18. In cases referred to in Article 3(8)(5), the dean of the relevant faculty or the head of the PhD studies shall be entitled to repeal the decision concerning the granting of the adjustments.

Article 4
1. All the persons taking part in the procedure of granting adjustments of the educational process shall be obliged to protect the sensitive data related to the disability or health condition of the person applying for the adjustments as well as not to reveal it to unauthorised parties.
2. Detailed documentation submitted by the person applying for the adjustments, including specialist documentation, shall be kept at the JU DSS.
 

Article 5
1. If disability or special health circumstances should not be of permanent nature, the student benefiting from the adjustments shall be obliged to provide the JU DSS with up-to-date documentation, or risk the repealing of the decision concerning the granting of the adjustments.
2. Should the documentation remain incomplete in situations referred to in para. 1, the JU DSS shall notify of the fact the dean of the relevant faculty or head of the PhD studies, who may then repeal the decision concerning the granting of the adjustments.
 

Article 6
The Ordinance no 122 of the Jagiellonian University Rector of 10 December 2012 on the adjustment of the educational process to the needs of persons with disabilities and persons with special health conditions shall become invalid.
 

Article 7
This Ordinance shall enter into force on the day of its signing.

Rector
Professor Wojciech Nowak, MD, PhD