Landmark360

By Janet Thibeau

For years, students with disabilities have been denied accommodations when taking the LSAT exam, even when they’ve submitted the proper paperwork. This year, that’s changed, and not just for the LSAT, but for all national standardized tests. This ruling has far-reaching implications for any student who will be taking a standardized test and requesting accommodations. If you are student or the parent of a student who will be taking a standardized test, it’s important to understand these guidelines, each testing entities’ process for requesting accommodations, and the appeal process to use if your request for accommodations is denied.

Background

In 2010, the California Department of Fair Employment and Housing (DFEH) began an investigation into the Law School Admission Council (LSAC), the group that administers the Law School Admission Test (LSAT). In 2012, the Department of Justice intervened in the class action.They alleged widespread failure to accommodate exam takers with disabilities, even in cases where applicants had submitted proper paperwork and demonstrated a history of testing accommodations.In 2014, the lawsuit was settled, and on September 8, 2015, the Justice Department issued a technical advisory about standardized testing accommodations that applies to many of the most popular national tests.

What standardized tests are covered?

The advisory applies to exams administered by any private, state, or local government entity, including:

• High school equivalency exams (such as the GED)
• High school entrance exams (such as the SSAT or ISEE)
• College entrance exams (such as the SAT or ACT)
• Exams for admission to professional schools (such as the LSAT or MCAT)
• Admissions exams for graduate schools (such as the GRE or GMAT); and
• Licensing exams for trade purposes (such as cosmetology) or professional purposes (such as bar exams or medical licensing exams, including clinical assessments.)

Key points

Key points in the new advisory include:

• Students who receive testing accommodations in school based on an IEP or Section 504 Plan should generally receive the same accommodations on standardized tests.
• Students who receive informal accommodations should not be considered ineligible for accommodations on standardized tests.
• Students who receive testing accommodations in a private school, without an IEP or Section 504, should generally receive the same accommodations on standardized tests.
• High grades should not prevent a student from receiving accommodations. Students who perform well academically may still be entitled to test accommodations.
• Students who receive accommodations on similar standardized and high-stakes tests should generally receive the same accommodations for additional tests. Documentation of previous accommodations should be sufficient.
• Documentation used to support a request for testing accommodations must be reasonable and limited to what is needed to determine diagnosis and the need for accommodations. Acceptable documentation should include recommendations from medical professionals, proof of previous accommodations, and observations of educators.
• Testing entities should defer to documentation from a qualified professional who has made an individualized assessment of the candidate that supports the need for the requested testing accommodations.
• A testing entity must respond in a timely manner to requests for testing accommodations so as to ensure equal opportunity for individuals with disabilities.
• Testing entities should report accommodated scores in the same way they report scores generally. Flagging policies that impede individuals with disabilities from fairly competing for and pursuing educational and employment opportunities are prohibited.

ADA Testing Accommodations

Author

Janet Thibeau works for Barlow Thibeau & Associates Education as a college consultant and educational advocate. She is the President-elect of MABIDA, the Massachusetts Branch of the International Dyslexia Association. Janet and her husband Jim have five children, four who have dyslexia. One of her children is a Landmark School alum and another is a current Landmark student.