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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. 150 of the Rector of the Jagiellonian University of 22 December 2020 on adapting the process of education and research to the needs of persons with disabilities and in special health circumstances

Ordinance No. 150 of the Rector of the Jagiellonian University of 22 December 2020 on adapting the process of education and research to the needs of persons with disabilities and in special health circumstances

At the Jagiellonian University, the provision of support to persons with disabilities in access to education is regulated by Ordinance No. 150 of the Rector of the Jagiellonian University of 22 December 2020 on adapting the process of education and research to the needs of persons with disabilities and in special health circumstances. This procedure specifies in detail the decision-making procedure in cases of persons with permanent or temporary disabilities. It should be emphasised that Jagiellonian University is one of the few Polish universities where this process is strictly regulated. The Rector’s Ordinance gives students the right to apply for a range of specialist services and adjustments, while also specifying the responsibilities and deadlines that the student must meet in order for this support to be reasonable.

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.

The text of the ordinance is available to all interested persons on the pages of the Public Information Bulletin.

 

 

or below:

Ordinance No. 150 of the Rector of the Jagiellonian University of 22 December 2020 on adapting the process of education and research to the needs of persons with disabilities and in special health circumstances

Pursuant to Article 23(1) of the Higher Education and Science Act of 20 July 2018 (Journal of Laws of 2020, item 85, as amended), I have ordered as follows:

Article 1

  1. Defined below are detailed conditions for adjusting the educational process and research to the needs of persons with disabilities and in special health circumstances.
  2. Adjustments of the education process and research to the needs of persons with disabilities and in special health circumstances (‘adjustments’) may be applied for by undergraduate, doctoral and postgraduate students (‘adjustment applicants’ or ‘applicants’) meeting at least one of the requirements listed in Article 2(1) hereof.
  3. 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 research conducted at the Jagiellonian University.
  4. The adjustments shall be applicable to all forms and programmes of first- and second-degree studies as well as uniform Masters studies, postgraduate studies, as well as doctoral studies and education at doctoral schools operating at the Jagiellonian University.
  5. The adjustments may pertain, in particular, to examination formats, course of the study as well as the physical environment where educational courses and research take place. A list with examples of adjustment forms is available on the website of the Disability Support Service (‘JU DSS’), at http://www.don.uj.edu.pl.
  6. 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. the decision makers referred to in Article 3(2);
    4. academic teachers or persons delivering educational courses at the Jagiellonian University, and
    5. employees of the Jagiellonian University who are not academic teachers.
    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. Adjustments can be applied for by undergraduate, doctoral and post-graduate students
    1. with disabilities;
    2. chronically ill;
    3. whose sudden illness or accident result in their temporary incapacity to fully participate in lectures and/or course meetings, and with specific learning and functional difficulties on the basis of the presented specialist documentation ( a valid certificate of disability indicating its degree, medical certificate, document from a psychological-educational counselling centre), which may be submitted in Polish or English.
  2. The adjustments shall be granted to applicants for a single semester or academic year, depending on their health circumstances a well as their needs related to the educational process and research.
  3. The adjustments should take into account:
    1. the degree and type of disability, and in cases referred to in para. 1 point 1;
    2. special needs related to their health condition;
    3. the specific substantive requirements related to the course of education;
    4. justified and reasonable needs of the applicants for adjustments related to the correct implementation of the educational process and research, and
    5. the relations between the type of disability or health condition and the difficulties in performing one's obligations related to the educational process or research.

Article 3

  1. The adjustments of the educational process shall be granted upon a written application made by the applicant.
  2. The decision on granting the adjustments shall be made by:
    1. in case of undergraduate students - the Dean of the Faculty;
    2. in case of doctoral students – as appropriate –  the head of the doctoral school/director of doctoral studies, and
    3. in case of postgraduate students - the head of the postgraduate programme.
  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. The application may be drawn up in Polish or English.
  5. 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 unit managing the studies pursued by the applicant, which shall forward the said application to the JU DSS without delay.
  6. The applicant shall be obliged to attach to his/her application referred to in para. 3 the documentation referred to in Article 2(1). The documentation should be in Polish or English.
  7. An educational adviser from the JU DSS shall analyse the documentation submitted by the student and then draft an opinion concerning the rules and conditions regarding the adjustments and send it, together with the student’s application, to the competent unit competent issuing decisions concerning granting adjustments.
  8. 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 applicant to duly supplement the documentation or attend a specialist consultation session at the JU DSS at a date specified by the JU DSS.
  9. The educational adviser of the JU DSS:
    1. shall, in agreement with the adjustment applicant, specify his/her individual needs stemming from his/her disability or health condition which may have an impact on the student recruitment process, education and conducting research;
    2. shall collect documentation confirming the specific difficulties of the adjustment applicant;
    3. may request an opinion from academic teachers or persons delivering courses/lectures at the University in order to propose adjustments taking into account the specific characteristics of a given programme as well as in order to specify conditions that can be met by the University in terms of organisation;
    4. may procure information concerning the adjustment applicant’s course of studies thus far from an employee of the unit managing his/her studies, and
    5. shall notify the unit that has issued a decision on granting the adjustments of the obstacles in the student's adjustment process, in particular if the applicant should pose a threat or fail to observe other rules of cooperation with the educational adviser.
  10. The JU DSS may issue a negative opinion on the application, if:
    1. the documentation submitted is incomplete and the applicant has failed to duly supplement it;
    2. the documentation submitted or the outcome of the specialist consultation held at the JU DSS fails to confirm the connection between the type of disability or health condition and the difficulties in the fulfilment of the obligations related to educational process implementation and conducting research by the applicant, and
    3. the application of the adjustments would be unreasonable.
  11. Prior to taking the decision, the unit referred to in para. 2 may request the JU DSS to make the applicant’s specialist documentation, including his/her medical file, available to it. The documentation shall be submitted by an educational adviser.
  12. The decision shall be notified to the applicant by the head of the unit managing his/her studies. An employee of the unit shall make a note on the decision document, featuring the precise date of the reception of the decision by the applicant.
  13. A copy of the decision shall be delivered to the JU DSS as well as to the unit managing the applicant’s studies within a timeframe enabling the implementation of the adjustments.
  14. Having received the decision, the JU DSS shall send detailed recommendations concerning the adjustments to be made to the unit managing the applicant’s studies.
  15. The unit managing the applicant’s studies shall send the recommendations referred to in para. 14 to the academic teachers or persons delivering the courses/lectures attended by the student or research.
  16. Should the adjustments be denied, the applicant shall have the right to appeal against the decision.
  17. The appeal shall be lodged in writing within 14 days after the announcement or service of the decision on the applicant, to the JU Rector through the unit referred to in para. 2.
  18. When examining the appeal against the decision the JU Rector may seek an opinion of the JU DSS. The JU Rector's decision on the matter shall be final.
  19. Should the unit referred to in para. 2 receive from an educational adviser of the JU DSS information referred to in para. 9 point 5 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 the adjustments shall be obliged to protect personal data, in particular the sensitive data related to the disability or health condition of the adjustment applicant as well as not to reveal them to unauthorised parties in compliance with relevant procedures applicable at the Jagiellonian University.
  2. Detailed documentation submitted by the adjustment applicant, including specialist documentation, shall be kept at the JU DSS and archived pursuant to separate regulations and taking into account the nature of the sensitive data transferred.

 

Article 5

  1. If the adjustment beneficiary’s disability or special health circumstances should not be of permanent nature, he/she shall be obliged to provide the JU DSS with up-to-date documentation, immediately after the end of the condition that necessitated 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 unit referred to in Article 3(2), which may then repeal the decision concerning the granting of the adjustments.

Article 6

The Ordinance no. 86 of the Jagiellonian University Rector of 28 July 2017 on adapting the educational process to the needs of persons with disabilities and in special health circumstances is hereby repealed.

Article 7

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

 

Rector

Prof. Jacek Popiel, PhD