Learning disabled students seek additional time to complete their final exams, blind students request readers, deaf students seek sign language interpreters, physically disabled students
INTRODUCTION
By the year 2000, the United States celebrated the tenth anniversary of the Americans with Disabilities Act (ADA), enacted in 1990, and the twenty-fifth anniversary of the Education for All Handicapped Children Act (EAHCA) The EAHCA guaranteed students with disabilities a free and appropriate public education (FAPE), opening doors for disabled children to access schooling As a result of these landmark laws, many individuals with disabilities have gone on to academic success and are now pursuing admission to law schools.
Higher education is a topic we can all relate to, and my long involvement in disability law—beginning in 1978 with the Virginia Developmental Disability Protection and Advocacy Office and continuing with teaching in higher education since 1984—provides a compelling lens on the intersection of these fields As a faculty member and former chair of the University of Baltimore School of Law Admissions Committee, I have seen the challenges of verifying disabilities and of implementing policies and practices to ensure reasonable accommodations Through the University of Baltimore School of Law Disability Law Clinic, I confront highly challenging issues facing individuals with mental disabilities.
Relevant issues necessary to consider include:
(3) identifying and documenting the disability;
(5) the enrolled student; auxiliary aids and services; modification of requirements and services for graduation; and
1 Pub L No 101-336,104 Stat 327 (codified as amended at 42 U.S.c §§ 12101-
2 20 U.S.c §§ 1400-1487 (1999) Congress enacted this statue, now known as the
Individuals with Disabilities Education Act ("IDEA"), in 1975 to provide special education services and ensure additional school funding to states Id
According to the United States Congress, about 43 million Americans—or roughly one in five—live with a physical or mental disability Congress has acknowledged that society tends to isolate and segregate people with disabilities, and that discrimination remains a significant problem across employment, housing, education, government services, transportation, health care, and public accommodations A subconscious belief that people with disabilities are less than human persists, leading to unequal access to opportunities, programs, and supports that others receive as a matter of right These unfounded stereotypes and the stigma surrounding certain disabilities have prompted congressional action aimed at protecting equal rights and expanding inclusion for all Americans.
Enacted on July 26, 1990, the Americans with Disabilities Act (ADA) is a landmark civil rights law designed to open all aspects of American life to individuals with disabilities Its stated purpose is to provide a clear, comprehensive nationwide mandate to eliminate discrimination against people with disabilities, backed by strong, consistent standards The act also assigns the federal government the primary responsibility for enforcing these ADA standards, ensuring consistent protection of disability rights across sectors.
According to the 1990 Census, nearly 43 million Americans had some form of disability, including 19.2 million who had trouble walking, 13 million with visual impairments, 7.7 million with hearing impairments, and 2.5 million who had trouble speaking; about 12.8 million disabled individuals had a work disability lasting more than six months The Americans with Disabilities Act (ADA) comprises four major titles: Employment; Public Services (state and local governments); Public Accommodations; and Telecommunications.
6 Pub L No 101-336,104 Stat 328 (codified as amended at 42 U.S.c §§ 12101-
10 University of Michigan Document Center, 1990 Census Data Locator, http://www.lib.umich.edullibhome/Documents.center/cenindex html (last updated Sept 3,
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Under the Americans with Disabilities Act (ADA), eligibility hinges on having a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having an impairment The impairment must substantially limit activities such as caring for oneself, walking, seeing, hearing, learning, or working, with factors like the nature and severity of the impairment, its duration, and whether the impact is permanent or long-term shaping the determination For example, a broken leg would generally not be protected, while cerebral palsy would be A person with a record of impairment—such as someone previously treated for mental illness or someone who has recovered from cancer—would still be protected Additionally, someone regarded as disabled but not actually disabled is protected from discrimination, meaning a person who is thought to have HIV or AIDS but does not would receive protection.
In Sutton v United Air Lines, the U.S Supreme Court examined whether disability determinations should reference impairment-mitigating aids, such as eyeglasses or contact lenses, that enable an individual to function The Court held that if those aids cause a person to operate as a non-disabled individual, that person is not legally disabled The decision underscores how mitigating factors can shape the disability standard, illustrating how facts drive legal outcomes In common discussion, the idea is often summarized that bad facts can lead to bad law.
For people with epilepsy or diabetes who receive corrective treatment, mitigating measures may reduce the disability impact, potentially altering their disability status The National Center for Learning Disabilities reports that about 15 to 20 percent of the U.S population has some form of learning disability It has been noted that only nine percent of full-time college freshmen report having a disability, illustrating gaps between prevalence and campus self-disclosure.
15 29 C.F.R § 1630.2U)(2) (1998); see also National Joint Committee on Learning Disabilities, http://www.ld.org/info/index.cfm [hereinafter NJCLD]
16 527 U.S 471, 482 (1999); see also Murphy v u.P.S., Inc., 527 U.S 516 (1999) (involving a person with high blood pressure, who, with medication, functioned normally)
Learning disabilities are defined by "significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities," as described by the National Joint Committee on Learning Disabilities (NJCLD) Individuals who experience these persistent challenges are considered persons with learning disabilities.
Law schools are grappling with delivering reasonable accommodations to disabled students in a fair and equitable way, as learners with mental and physical disabilities request academic modifications for examinations In line with the Americans with Disabilities Act (ADA), these requests often include exam modifications such as changes in exam format, extended time to complete tests, and relocation of testing to environments with better environmental control.
Students with diverse disabilities seek academic accommodations in law schools to participate fully in legal education Learning-disabled students request extended time for final exams; blind students need readers; deaf students require sign language interpreters; physically disabled students rely on adaptive equipment; and mentally ill students often use take-home exams or tests without time limits These requests illustrate how law schools adapt policies and practices to educate and integrate disabled students into the curriculum and campus community.
This article explores which disabilities are most commonly accommodated in the law school exam setting, what constitutes a reasonable extension of time for students with learning disabilities, and whether such extensions should be spread over several days It also asks whether students with mental illnesses are more or less likely to self-identify and to seek exam accommodations, and whether law schools should provide tutors to disabled students to ensure equal footing with non-disabled peers in grading and evaluation For those given extra time, the piece considers how to address perceptions among non-disabled students that accommodations may disadvantage them, and whether additional support services should be integrated into the evaluation and grading process.
When law schools consider providing reasonable exam accommodations for disabled students, they must determine what medical, psychological, or educational documentation is required to substantiate the request Clear criteria help ensure that accommodations are appropriate, consistent, and compliant with applicable laws and accreditation standards In addition, law schools should establish written policies and procedures for addressing academic modification requests, including who may request accommodations, what documentation is acceptable, timelines, confidentiality, and the review process Having published guidelines helps students understand their rights and helps the institution apply accommodations fairly and efficiently Regularly reviewing and updating these policies ensures they reflect current legal requirements and best practices for supporting disabled students in examinations.
19 AMERICAN COUNCIL ON EDUCATION, 1999 College Freshmen with Disabilities:
20 Learning disabilities are defined as significant difficulties in acquiring and using listening, speaking, reading, writing, reasoning, or mathematical abilities NJCLD, supra note 15
For a full discussion of academic modifications for disabled law students, see Donald Stone's empirical study, The Impact of the Americans with Disabilities Act on Legal Education and Academic Modifications for Disabled Law Students: An Empirical Study (Volume 44).
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Law schools provide reasonable accommodations for disabled students to ensure equal access to academic programs, with the professor often central in approving course-specific modifications—such as extended time, alternative exam formats, or assistive technology—under guidance from the disability services office Anonymous grading is used in some settings to reduce bias when evaluating accommodation requests, though its effect depends on institutional policy and the nature of the modification While many students who seek accommodations do have their requests honored, approval rates vary by school, program, and the individual circumstances of the case If a request is denied or inadequately addressed, most law schools offer an internal administrative appeals process within the law school community, typically managed by the disability services office, academic affairs, or an appeals committee, to review and adjust the decision.
STATISTICAL REVIEW AND ANALYSIS OF LAW SCHOOLS'
Empirical data demonstrate the breadth and variety of academic modifications provided to disabled law students, based on responses from eighty law schools representing 58,932 students to the survey.24 During the 1994–1995 academic year, 1,187 law students reporting physical or mental disabilities requested accommodations for course examinations.25
Most academic modification requests considered by a survey of law schools were granted, with only about two percent denied The unexpectedly low denial rate may reflect the students’ circumstances or suggest that law schools struggled to distinguish valid requests from bogus ones.
The survey data, partitioned by geographical region, reveals some interesting findings.27 Nationally, an average of fifteen law students per law school requested academic modifications during the 1994-
In the 1995 academic year, law schools in the South averaged ten students per school requesting exam modifications, while in the West the average rose to twenty-five students; this South–West difference likely reflects differing societal norms, with the West potentially adopting a more open-minded approach to dealing with differences than the South.
A significant number of law students were considered learning
24 ld at 596 No.1(a), (c) Of the eighty law schools surveyed, there were forty public and forty private law schools ld
25 ld at No.2 Approximately two percent of the student body of law schools surveyed made a request for an academic modification in the 1994-1995 academic year Jd
26 Jd at 597 No.4 Out of 1,145 student requests for reasonable accommodations in course examinations during the 1994-1995 academic year, the law schools denied only twenty-five such requests ld
Data are organized into four U.S Census regions: the Northeast (Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and Washington, D.C.); the South (Virginia, West Virginia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tennessee, Mississippi, Alabama, Puerto Rico, Arkansas, Oklahoma, Louisiana, and Texas); the Midwest (Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, and Kansas); and the West (Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Arizona, Nevada, Washington, Oregon, California, Alaska, and Hawaii).
26 SOUTH TEXAS LAW REVIEW [Vol 42:19 disabled, as compared to others with varying disabilities.30 Approximately fifty-four percent of the applications for exam modifications were from learning disabled law students.3
One possible explanation for the high percentage of accommodation requests is that these students have already benefited from academic accommodations in high school and college, and even on the Law School Admission Test (LSAT) Prior accommodation experiences may reduce stigma for learning disabilities and make law-school accommodations feel more acceptable In contrast, students diagnosed with mental disorders may view self-identification as too costly, and therefore refrain from requesting exam modifications Admitting a mental disorder may be perceived as a significant risk because it could affect future eligibility to sit for the Bar exam or to satisfy the character and fitness requirements of state bar examiners.
When a disabled student asked for a reasonable accommodation, the most common need was extra time to finish the course exam Other sought accommodations included separate examination rooms, longer breaks during the exam, and access to a computer or other assistive equipment In a survey of 58,932 law-school students, only four requested a change in exam format—from an essay exam to multiple-choice or short-answer questions.
Survey data may explain why law schools deny only a small portion of accommodation requests Academic modifications are framed as fair and equitable, providing needed support without giving disabled students an unfair advantage over non-disabled peers In the highly competitive field of legal education, administrators may recognize that the ADA requires reasonable time extensions for final exams They may also view extensions of time as less controversial than changing the exam format.
Law schools in the West have granted more requests for
32 See generally Stone, supra note 22
33 Stone, supra note 21, at 571 fig.3
34 [d Other requests, to a lesser degree, included extensions of time on written course assignments and enlarged print size for visually impaired students [d
35 [d In addition, only four students sought a waiver or substitution of course work assignments [d at 571 n.13
Law schools denied only twenty-five of the 1,145 students seeking course modifications, showing how rarely accommodations are refused Some regions grant more time for a final exam than others, and it is puzzling why more disabled students do not request exam modifications since virtually all requests for additional time have been granted Allowing additional time levels the playing field, rather than giving an unfair advantage to particular students Experts in the diagnosis and treatment of learning disabilities have documented that such disabilities cause distractibility, making extra time for written work a necessary accommodation The provision of additional time on the law school exam is a reasonable accommodation under the ADA to prevent the exclusion of disabled individuals from participation in educational programs.
Providing separate examination rooms for disabled students is a common accommodation in law schools to reduce distractions from noise and large class sizes These arrangements typically place the exam in a smaller classroom or conference room on campus to help the student focus Law schools in the West, on average, assign about twelve students per school to a separate exam room, roughly double the number seen in the Northeast, Midwest, and South Although creating these dedicated spaces can be an administrative burden for law schools, the designated exam setting helps ensure that disabled students have a fair and equitable opportunity to succeed in law school.
Figure 4 (p 572) shows that during the 1994–1995 academic year, twenty disabled law students per law school in the Western region were granted additional time on their final exams, a figure 150% higher than the corresponding number in the Midwest.
39 See generally Robert Bryson, Counselors: Special Requests on Rise in Testing for Admissions to College Counselors, SALT LAKE TRIB., Feb 5, 1996, at D1
41 Stone, supra note 21, at 573 fig.5 A nationwide average of seven law students received a separate exam room during the 1994-1995 academic year Id at 572 n.18
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Qualified Diagnostician
For a law student to obtain exam modifications due to a disability, a qualified diagnostician must verify the diagnosed disability through a comprehensive, current evaluation that also yields recommendations for specific exam modifications In practice, many references discuss reviewing several law schools’ policies and procedures for disabled students to guide these accommodations Students who require accommodations should communicate their needs—often to the law school’s Assistant Dean for Student Affairs or the Disability Resource Program Manager—while recognizing that the disability information and documentation are highly sensitive and must be treated with strict confidentiality by school officials To begin the process of receiving exam modifications, the first step is obtaining verification of a physical or mental impairment, a verification procedure adopted by Hastings College of Law that outlines the steps to complete this verification.
• provide professional verification certified by a qualified person in the diagnosis of the specific disability;
• verification must reflect the student's present level of functioning in the major life activity affected by the disability;
• cost of obtaining the verification to be borne by the student;
• verification documentation provided to the Coordinator of the Disability Resource Program 45
A majority of law students requesting reasonable
Universities have published dedicated policies and procedures to provide services to students with disabilities For instance, the University of California, Hastings College of the Law issued its Policy and Procedures for the Provision of Services to Students with Disabilities in 1990, and the University of Houston Law Center released a Handbook for Applicants and Students with Disabilities in 2000 These documents—commonly cited as the Hastings Procedures and the Houston Handbook—outline how to request accommodations, what services are available, and the institution's commitment to ensuring equal access to legal education.
OF BALTIMORE, DISABILITY SUPPORT SERVICES, http://www.ubalt.edu/sserv/disability/ documentationpolicy.html (last revised Sept 6, 2000) [hereinafter DISABILITY SUPPORT SERVICES]
Disabled students must timely disclose their needs and provide the necessary documentation and, when appropriate, evaluations to access accommodations, as outlined by the Houston Handbook and Disability Support Services; documentation may be required to verify the existence of a disability and enable appropriate support.
44 HASTINGS PROCEDURES, supra note 42, at 5
Accommodations in course examinations for students claiming a learning disability are contingent on verified documentation At Hastings College of Law, a student requesting academic modification due to a learning disability may not receive such modification without verification of the disability To document eligibility, students are required to provide professional testing and evaluation results that demonstrate the disability.
(A) be prepared by a professional qualified to diagnose a learning disability, including but not limited to a licensed physician, learning disability specialist, psychologist, or licensed physician;
(B) include the testing procedures followed, the instruments used to assess the disability, the test results, and a written interpretation of the test scores, by the professional;
(C) reflect the individual's present level of functioning in the achievement areas of: reading comprehension, reading rate, written expression, writing mechanics and vocabulary, writing, grammar, and spelling; and
(D) reflect the individual's present level of functioning in the areas of intelligence and processing skills.48
An assessment of the student's learning disability must support the requested accommodation.49
Current Testing and Assessment
In order for law schools to effectively evaluate expert reports, the findings should be based on the current nature and impact of the student's disability.50 In an effort to ensure accuracy, the University of Baltimore School of Law requires current documentation within the past three years.51 The University of Houston Law Center follows similar guidelines.52
For disabled students seeking testing accommodations on the LSAT, an assessment of the current nature and impact of the disability must be provided by the student within three years of the
46 Stone, supra note 21, app A at 596 No.3(a) A survey during the 1994-1995 academic year indicated 53.6% of law students requesting academic modification claimed a learning disability Id
47 HASTINGS PROCEDURES, supra note 42, at 5
50 See DISABILITY SUPPORT SERVICES, supra, note 42 (requiring complete and comprehensive data confirming a student's disabilities)
52 HOUSTON HANDBOOK, supra note 42, at 10
For LSAT accommodation requests, the timing of prior testing matters If the student was tested as an adult (over twenty-one), testing conducted within five years of the requested LSAT accommodations may be acceptable.
In Guckenberger v Boston University, the court evaluated the eligibility criteria for assessing and providing academic modifications for disabled students enrolled at Boston University It reviewed the university’s procedures for evaluating accommodation requests, the currency of submitted documentation, verification of disability, and the qualifications of the diagnostician The court struck down Boston University’s requirement that learning-disabled students could only submit evaluations prepared by physicians and licensed clinical psychologists It also recognized the need for evaluations to be no older than three years, but determined that re-testing may be medically unnecessary in certain circumstances.
Testing Must Be Comprehensive
LSAC—the Law School Admission Council that administers the LSAT—offers guidance on testing assessments for cognitive impairments, including specific learning disabilities, processing deficiencies, and attention deficit disorder.
• A diagnostic interview that includes relevant background information to support the diagnosis 59
A neuropsychological or psychoeducational evaluation provides clear and specific evidence of cognitive disability based on more than one subtest, including aptitude (Wechsler Adult Intelligence Scale-Revised), achievement (measuring current levels of academic functioning in reading, math, and written language), and information processing (addressing memory, perception/processing, executive functioning, and motor ability) Additional assessment measures are used to support a dual diagnosis.
53 LAW SCH ADMISSION COUNCIL, ACCOMMODATED TEST: GUIDELINES FOR DOCUMENTATION OF COGNITIVE DISABILITIES 'II 2 [hereinafter ADMISSION COUNCIL GUIDELINES], http://www.lsac.org/guidelines-cognative-disability.asp
55 974 F Supp 106, 114 (D Mass 1997) (observing that Boston University, during the 1995-1996 school year, enrolled approximately 480 learning disabled students)
59 ADMISSION COUNCIL GUIDELINES, supra note 53, 'II 3(a) dlagnosls ã 60
DuBois v Alderson involves a college student with a learning disability who sought academic accommodations, including the oral administration of exams and extra time to complete written assessments The case examines the policy and procedures that a learning-disabled student must follow to obtain academic support.
Documentation must include WAIS results conducted by a licensed psychologist or a certified learning disability specialist, specifying the learning disability and based on an evaluation performed within the last three years A court found that a student who did not undergo the WAIS or submit findings documenting the disability forfeited entitlement to academic accommodations Outside, independent evaluations are emphasized, since some law schools require documentation from a professional trained in diagnosing learning disabilities rather than a psychologist or physician without specialized training.
Universities face a pivotal decision on how to select evaluators for accommodations, including whether law schools should refer all accommodation seekers to a university evaluator, allow students to choose their own qualified evaluator, or appoint an independent evaluator unaffiliated with either party In resolving this, the main criteria should be consistency and fairness, evaluator competency, cost, and the ability to deliver a comprehensive educational assessment These factors should guide policy as overriding considerations Law schools should permit students to select an evaluator who is qualified to diagnose learning disabilities, can document the student’s educational history, and provide a current, thorough educational assessment Unless the law school questions the evaluator’s qualifications or credibility, they should rely in good faith on the evaluation provided by the student seeking accommodation.
Several law schools referred disabled students to university disability offices, which have experts trained in evaluating disabled
60 [d 'II 3-4 Actual test scores must be provided, the report of assessment must include specific diagnosis, and the report of assessment must recommend specific accommodations [d
65 Stone, supra note 21, app A at 600 No.12(e)-(f)
These offices then recommended specific educational modifications Law schools in the South and West frequently administer their own psychological or medical examinations, and such school-conducted evaluations may ensure more consistent assessments across the board; however, students who have been treated by their own psychologist or physician over a long period may be at a disadvantage if the school fails to fully appraise the disabled student’s longstanding disability history Before ruling on the proposed accommodation, the law school should consider past accommodations, any changes in the student’s disability, and other related factors In all cases, whether the school requests an independent evaluation or administers its own, the disabled student should be permitted to offer their own expert evaluations for consideration by the law school as it decides on the provision of an academic modification.
Law schools typically require disability documentation from within the last three years to confirm needs, with current proof serving as an extra safeguard for students and institutions When accommodations include extended exam time, the majority grant about one and a half times the normal duration, so a three-hour final often becomes four and a half hours for a disabled student Survey data show substantial regional variation in how accommodations are provided: time extensions for a traditional three-hour final can range from one additional hour to unlimited In the Western region, 47% of surveyed law schools offered twice the exam time These patterns illustrate how policies for reasonable accommodations differ across regions while aiming to support students with disabilities.
66 [d at No.12(g) (discussing nineteen schools responding to the survey administer examinations)
68 [d at 578 fig.lO (indicating forty-four percent of law schools in the West and forty-three percent in the South administered psychological or medical exams)
Regional differences in school documentation requirements show that Western schools demand the most current paperwork, within the past 2.4 years, whereas Northeastern schools are more flexible, permitting documentation within the last 4.3 years (d at 600 No.13; d at 578 n.43).
72 [d at 578 fig.II percent of the law schools in the Midwest furnished double the time to complete the exam 73
Impact of Past Academic Accommodations
As disabled students in high school and college request and receive educational accommodations, they begin the process of articulating their needs at the law school level and beyond While not bound by the accommodations from earlier education, the prior diagnoses and the accommodations already provided remain important evidence about the specific type and form of educational support that law schools can offer.
One must recognize that as law schools receive requests for exam modification and determine the specific type of accommodation to be provided to each student, the amount, form and extent of exam modifications on high school and college levels serve as a base line for initial discussions The success of past accommodations, the changes in the student's ability and disability and the format of previous exams are relevant when considering a request for exam modification
At Hastings College of Law, applicants seeking accommodations must submit a history of academic adjustments they've received in secondary education or prior employment The process also includes a personal interview to understand the student’s needs in the law school environment In evaluating a student’s disability, law schools should review three sources of evidence: current testing documentation, the results of the student interview, and records of prior academic accommodations from high school, college, and employment to determine the appropriate level of exam accommodations.
Survey results show that 54% of law schools provided one-and-a-half times the usual exam duration, 28% offered twice the time, and 18% granted an additional hour Additional academic accommodations varied by region, including extensions of time for degree completion (two students in the South and fourteen in the Northeast), priority in registration (forty-four students in the West and three in the Midwest), and readers for blind students (twelve students in the Northeast and five in the South).
74 HASTINGS PROCEDURES, supra note 42, at 7
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Decisionmaking
The Law School Exam
At law school, the final exam is the primary testing and evaluation instrument, typically a three-hour essay that assesses the entire semester’s material In the first year, required courses commonly rely on an anonymous graded essay exam as the main method of evaluation The results from these exams are used to rank students, and these rankings influence employment opportunities and eligibility for law review editorial board positions at their schools Consequently, success on a law school final exam carries significant implications for a student's academic standing and future career prospects.
Law school exams assess a student's grasp of legal principles by testing legal reasoning and analytical ability, with professors evaluating the capacity to understand, identify, and discuss core concepts Success hinges on organizing thoughts, analyzing and memorizing the course material, and delivering a clear, legible, and timely written response to complex fact patterns Exam prompts weave facts with applicable law, demanding a comprehensive answer that demonstrates mastery of both doctrine and practical application Additionally, handwriting, grammar, and spelling quality can significantly influence the final grade.
In the 1992 case McGregor v Louisiana State University Board of Supervisors, Robert T McGregor—a permanently disabled law student with orthopedic and neurological problems—was dismissed from LSU's Paul M Herbert Law Center, and he relied on the Rehabilitation Act to seek three accommodations: to proceed to the junior level, to pursue a part-time schedule, and to take examinations at home The United States District Court for the Eastern District of Louisiana denied relief, concluding that these three program accommodations would constitute substantial changes to the law-school program that were not required by law.
102 No CIV.A.91-4328, 1992 WL 189489, at *1 (E.D La July 24,1992)
103 [d at *3 In addition, Mr McGregor requested architectural changes to the men's restroom door and the entryway to the first level of the law school building [d
104 [d pointed out that "[s]ection 504 does not treatment for handicapped individuals; disadvantageous treatment.,,105 mandate preferential rather, it prohibits
The Louisiana State University Law Center provided extensive academic modifications for Mr McGregor, illustrating the range of options that may be available in any given situation The accommodations included a variety of measures designed to support his academic success and adapt to his specific needs.
(1) giving the plaintiff additional time for course
To accommodate the plaintiff, the university arranged comprehensive supports, including assigning a professor to assist with his studies and providing help from faculty, housing him at the Faculty Club, offering a wheelchair-accessible table and bathroom access in the Law Center, scheduling his classes in an accessible building, granting a handicapped parking permit, allowing exams at a choice of several Law Center locations, and providing a modified exam schedule to allow rest between exams.
(10) assignine: a student to assist the plaintiff during his
(12) exams; providing a bench to permit the plaintiff to rest more comfortably during his exams;"6 permitting the plaintiff to dictate exam answers with
105 Id at *3 (citing Brennan v Stewart, 834 F.2d 1248, 1259-60 (5th Cir 1988))
106 Id at *2 The Law Center granted Mr McGregor's request for additional time on his criminal law exam Id
113 Id at *3 The Law Center, however, prohibited the plaintiff from taking his exams at home Id
40 SOUTH TEXAS LA W REVIEW [Vol 42:19 dictating equipment;"? and
(13) establishing a committee to work with the plaintiff on making reasonable accommodations for his reentry to the Law Center."R
Despite the Law Center’s extensive modifications and reasonable accommodations, the court upheld the school's refusal to permit the plaintiff to take his exams at home, determining that restructuring the law school program in this way falls outside the scope of Section 504 of the Rehabilitation Act The court also noted that such a request would constitute preferential treatment.
Mr McGregor suggests that the goal is not to eliminate all forms of disadvantageous treatment, but to ensure fairness by providing disabled students with an equitable path to compete on equal footing with non-disabled peers while preventing any unfair advantage The courts have drawn a clear line that supports disabled students in achieving a fair, equitable solution, allowing them to participate without being advantaged or disadvantaged unfairly relative to their non-disabled classmates The McGregor decision may reflect the competitive nature of legal education and the legal profession as a whole, underscoring that even a slight advantage to any group will not be tolerated.
Wynne v Tufts University School of Medicine addresses the extent to which a university must modify exam formats for students with disabilities The case centers on Steven Wynne, a learning-disabled student who enrolled in medical school and failed eight of fifteen courses by the end of his first year A psychologist conducted extensive neuropsychological tests to determine Wynne's educational needs The United States Court of Appeals for the First Circuit then formulated a test for determining whether an academic institution adequately explored the availability of accommodations.
117 [d The Law Center supplied the dictating equipment [d
119 [d at *4 Cf Schuler v Univ of Minn., 788 F.2d 510, 514-16 (8th Cir 1986) (finding a student who attempted to challenge an oral exam for a doctoral program in psychology to be not otherwise qualified)
120 McGregor, 1992 WL 189489, at *4 The court found that the law school often went beyond its obligation in making reasonable accommodations for the plaintiff /d
The court emphasized that legal education is highly competitive, with most course grades determined by the final exam alone Because grading hinges on a single high-stakes test, allowing an at-home exam could create an unfair advantage for some students and undermine the integrity of the evaluation process This decision underscores how examination conditions can influence outcomes in rigorous legal programs and why at-home testing raises equity concerns in grading.
122 932 F.2d 19, 20 (1st Cir 1991); see also Nathanson v Med CoIl of Pa., 926 F.2d
1368, 1381-87 (3d Cir 1991) (discussing a disabled student's responsibility to put the school on notice about the disability and to make a sufficient request for special accommodations)
124 [d of reasonable accommodations by noting:
When undisputed facts show that the institution's officials considered alternative means, evaluated their feasibility, cost, and impact on the academic program, and reached a rationally justifiable conclusion that the available alternatives would either lower academic standards or require substantial program alterations, the court may rule as a matter of law that the institution has met its duty to provide reasonable accommodation.
The court analyzed the examination format for medical students and determined that multiple-choice exams provide the fairest assessment of students' mastery of the subject matter On remand, it held that modifying this assessment format to accommodate a disabled student would require substantial program changes, risking lower academic standards and devaluing Tufts University's end product—highly trained physicians.
The court found that such modifications were too drastic because they watered down the educational program However, in reviewing the summary judgment motion, the court was unwilling to decide whether a disabled student is entitled to an opportunity to take the medical course exam orally upon a timely request It is arguable that changing the exam format from a multiple-choice test to an orally administered exam could still reflect the student's knowledge and not lower the standards of the medical degree, and therefore such an accommodation should be provided Courts, however, seem inclined to defer to the faculty's professional judgment when making these changes.
In Pandazides v Virginia Board of Education, the United States
125 ld at 26 (emphasis added); see also Sch Bd v Arlene, 480 U.S 273, 287 n.17
In employment contexts, a requested accommodation is not considered reasonable if it would require modifying the essential nature of the program or impose an undue financial burden on the employer; this principle is grounded in the Supreme Court’s decision in S.E Community College v Davis, 442 U.S 397, 412 (1979).
Wynne v Tufts University School of Medicine, 976 F.2d 791, 795 (1st Cir 1992), observed that changing the exam format from multiple choice to another method would pose an undue hardship on Tufts’ academic program The facts indicate that Tufts waived the rules by permitting certain departures, showing how the school balanced assessment practicality with formal requirements in this case.
Mr Wynne to repeat the first year curriculum and providing him with tutoring, taped lectures, untimed exams, and make-up exams ld
128 ld For an in-depth review of this case see Kay Rottinghaus & Whitney Wilds, Comment, Wynne v Tufts University School of Medicine, 19 J.e & U.L 185 (1992)
130 See Regents of the Univ of Mich v Ewing, 474 U.S 214, 225 (1985)
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The District Court for the Eastern District of Virginia examined whether the National Teacher Examination (NTE) could be required as a prerequisite for professional teacher certification The NTE provides a comprehensive assessment of the basic knowledge and skills necessary for a beginning teacher Sophia Pandazides claimed she had a learning disability that prevented her from passing the communication skills portion of the test She also introduced into evidence a physician's statement regarding her condition.
"suffers from test anxiety and should be granted exemption from the communication skills portion of the National Teacher Exam.,,134
Testing Accommodations
Test Format
Exam accommodations for students with disabilities vary to meet individual needs A blind student may require the exam in braille, while a student with vision difficulties may need larger print Some learners may need an audiocassette version, while others benefit from the exam being administered and answered orally Additional accommodations used by learning-disabled students include dictation machines, note takers, computer-based testing, and faculty-administered oral exams Providing these options helps ensure accessible, fair assessments that reflect each student’s abilities.
Modifications
Traditionally, first-year law exams are administered in an essay format, but accommodations that require multiple-choice or short-answer formats can create fairness challenges for both students and faculty When a test format is changed and only some students receive modifications, comparing the quality of legal reasoning and analysis across formats becomes difficult, and the issue of valid assessment arises Can a faculty member accurately gauge a student's understanding of legal concepts if the exclusive testing mechanism is a multiple-choice question? To address these concerns, some educators suggest adopting alternative assessment methods—such as oral examinations or short-answer prompts—instead of relying solely on multiple-choice exams to evaluate each student fairly and effectively.
Examples of Test Accommodations
Requesting additional time to complete an exam is a common need, and the decision to grant extra time, and in what amount, should be an individualized one that reflects the student’s unique needs The recommendations of the student’s diagnostician should carry substantial weight when evaluating additional time requests For a typical three-hour exam, the amount of extra time needed can range from one additional hour to as much as is necessary to finish the test, and in some cases a reasonable request may provide several hours of additional time.
Security concerns are often raised when such accommodations are approved, but final exams are frequently administered in sections and can be spread out over several days to accommodate students with disabilities.
Scheduling an exam can pose challenges for disabled students who are taking medications, since their alertness may vary at different times of the day Transportation issues for students who rely on accessible modes can also affect exam scheduling Additional factors to consider include granting extra rest time, allowing bathroom breaks, providing access to food or medications, and implementing measures to reduce test anxiety.
Adaptive equipment—such as computers, typewriters, calculators, dictaphones, readers, and scribe services—may be necessary in appropriate cases, and the University of Baltimore School of Law provides these accommodations The school supports students with note-takers in class, tutoring, special seating, spell-checkers, taped materials, and library assistance to ensure access In some situations, access to the exam’s faculty member responsible for clarification may be required, which is unusual since secretarial staff typically proctor most law school exams and the faculty member is usually unavailable during testing.
Environmental Control
Universities recognize the need to support disabled students by providing quiet, distraction-free testing environments; for example, the University of Baltimore offers a quiet room with minimal extraneous noises as an accommodation, acknowledging that a private testing environment can reduce stress and improve performance for students whose disabilities are aggravated by environmental factors In some cases, a separate room away from the main testing area is necessary to further minimize distractions The university also notes that certain health-related disabilities can make the timing of a test important due to medication, potential interactions, or fatigue.
138 University of Baltimore School of Law Agreement on Accommodations (on file with author)
139 Memorandum from University of Baltimore on Procedures for Providing Alternative Testing Arrangements, to Merrick Business School and Gordon College Faculty (Sept 2, 1997) (on file with author)
Additionally, the school provides exam accommodations for students with disabilities who require consistency by allowing them to take exams in the same room and in the same seat each time When determining time extensions, administrators should consider the need for students to stretch, move, or use the restroom during the exam to ensure flexible, accessible testing.
Final exams are typically scheduled over a two-week period, but schools should consider extending the exam window to four weeks to accommodate students’ individual needs An extension should be granted only when it helps the student be on equal footing with non-disabled classmates, ensuring they can demonstrate their learning without undue disadvantage This flexible approach supports equitable assessment while maintaining the integrity of academic standards.
Alternative Testing Strategies
Law schools may be required to permit alternative methods of demonstrating mastery of course materials, such as paper submissions, take-home exams, or open-book exams, in place of the traditional three-hour essay exam, and substituting coursework can be a reasonable accommodation In Doherty v Southern College of Optometry, a Sixth Circuit case involving a visually disabled student, the court examined a request to eliminate course requirements for completion of an optometry degree The optometry college argued that the clinical proficiency requirements were a necessary part of the curriculum, and evidence showed the student’s disability prevented use of four instruments required for the exam, though evidence also indicated that some practicing optometrists do not rely on those instruments The court allowed the educational institution to maintain the course requirements, stating that an educational institution is not required to accommodate a disabled student by eliminating a course requirement that is reasonably necessary to the proper use of the degree conferred at the end of the program.
141 862 F.2d 570 (6th Cir 1988) The student suffered from retinitis pigmentosa, which significantly affected his motor skills and restricts the visual field [d at 572
142 [d at 574; see also S.E Cmty ColI v Davis, 442 U.S 397,407 (1979) (finding the ability to understand speech without reliance on lip reading was necessary during clinical phase of the program)
144 [d at 574 Such instruments are prohibited from optometry use in six states [d
145 [d at 575 (citing Hall v: United States Postal Serv., 857 F.2d 1073, 1079 (6th Cir
46 SOUTH TEXAS LAW REVIEW [Vol 42:19 of a necessary requirement would have been a substantial, rather than merely a reasonable accommodation,,,146 suggesting that such a waiver poses a potential danger to the public.147
Public interest in ensuring competent legal representation motivates carefully designed law-school curricula, but using that concern to exclude disabled individuals from the profession is a dangerous misstep Could such an argument justify barring a blind or hearing-impaired applicant because standard course requirements are nearly impossible for them to meet? What about a student with a history of mental illness or substance abuse who may be perceived as a risk to the public? If a learning-disabled student faces real challenges in practice, should we deny entry, or should we trust that their strengths, paired with reasonable accommodations and proactive collaboration, will allow them to recognize limits and seek help—just as many professionals do in the workplace?
Scoring Accommodations
Law schools provide exam modifications in appropriate cases, which can resolve the matter, but unresolved issues may linger For example, should a faculty member give a more extensive review to a disabled student's exam? Should a faculty member be notified that the particular exam being read was written with certain accommodations? If such notification occurs, would there be a potential for unfair grading? In general, the provision of an exam modification should not be disclosed to the faculty or other students.
One unresolved issue for disabled students who receive exam modifications is whether the law school transcript should flag that accommodations were provided Flagging a transcript adds a note indicating that the student received exam or program accommodations, signaling accessibility support to readers The LSAT already communicates this information to law school admissions offices as part of the applicant evaluation.
In Alexander v Choate, 469 U.S 287 (1985), the Supreme Court held that Tennessee need not expand Medicaid coverage merely to reflect that disabled individuals often have greater medical needs In the law school context, exam modifications are designed to place a disabled student on an equal footing with non-disabled classmates Therefore, recording an exam modification on a law school transcript would be misleading, highly prejudicial, and inappropriate.
Student Appeal of Adverse Decision
When a law school denies a disability accommodation for a course examination, 88% provide a right to appeal the decision Appeals are handled by a wide range of offices, including the Rules Committee, the Students with Special Needs Committee, the Dean of the law school, the Vice-President for Student and Academic Affairs, the university Affirmative Action Office, the law school Student Affairs Committee, and the university Provost, with substantial variation across schools Regardless of the overseeing office, a right to appeal should exist for academic modification denials, and the appeal should go directly to the Dean of Academic Affairs or Student Affairs, who has the responsibility and authority to resolve the issue The appeal should give the student an opportunity to testify and to present expert testimony and documentation from individuals trained in disability and education issues.
An expected rise in requests for academic modifications means law schools must have clear written policies and procedures to serve disabled students fairly Nationally, 63% of law schools already have such policies in place, but regional differences persist, with only 43% of Midwest law schools maintaining written policies and procedures At the time of the survey, nearly half of law schools nationwide were reviewing their procedures pertaining to academic modifications for disabled students In addition to drafting these policies, law schools are also addressing the needs of law students with disabilities to ensure equal access to legal education.
148 Stone, supra note 21, app A at 597 No.4 (indicating that denial occurred in two percent of the requests)
152 [d at 580 Eighty-nine percent of law schools in the West had written policies and procedures [d at n.52
153 [d at No.14 Forty-eight percent of law schools were presently reviewing their procedures [d Sixty-one percent of law schools in the West were reviewing their
48 SOUTH TEXAS LAW REVIEW [Vol 42:19 disabilities should be provided with their rights and responsibilities modifications written notification explaining with respect to academic
Hastings College of Law allows any student alleging discriminatory practices based on a handicap to file a written grievance with the Director of Student Services Informal resolution is encouraged, but a hearing is provided if the issue remains unresolved The student may present evidence, confront and cross-examine witnesses, and a record of the hearing is created, along with a written decision An aggrieved student may appeal the hearing committee’s decision to the Dean, who has the final say on the matter The availability of both informal and formal hearing procedures helps resolve student grievances in a fair and timely manner.
Implications of Test Accommodations
As disabled students enroll in college and face educational challenges, the decision to seek academic modification is of utmost significance Some disabled students who could benefit from exam modification at the college level fail to request modifications, partly as a result of not understanding the process Others are concerned with the stigma, while some lack the information necessary to begin the process of obtaining education modifications For those disabled students that seek the appropriate evaluations and diagnosis of their disability and receive academic modifications for their educational needs, they are at an advantage as they enroll in law school They are more aware of the process for obtaining educational accommodations, understand the need for documentation and see the benefits of the options available to accommodate their disability The law school administrator is more likely to provide the requested accommodations if the same or similar accommodations were provided at the college level
However, there are students with learning disabilities who have never received educational accommodations in college, but who appropriately need these accommodations for the first, time in law school Law school creates additional pressure and stress, causing some disabled students to seek exam accommodations Furthermore, procedures, while thirty-five percent of law schools in the South were doing so !d at n.53
154 HASTINGS PROCEDURES, supra note 42, at 9
156 !d the college exam may focus more on memorization rather than the legal analysis typical on law school exams
For disabled law students who received exam modifications during college, those records become relevant as they apply to law school The Law School Admission Council (LSAC) has established procedures to accommodate disabled applicants who take the LSAT, ensuring accessible testing and appropriate support An applicant’s academic history should include documentation of any prior exam modifications offered, providing a complete picture of the student’s accommodations and performance.
Deciding whether to grant or deny exam accommodations for the bar exam has implications for disabled law students navigating the bar admissions process The two-day bar exam, consisting of one day of essays and one day of multiple-choice questions, requires bar examiners to consider accommodations for the test, and they will factor in the type and extent of accommodations already provided in law school as they evaluate a bar exam modification request Potential accommodations—such as extended time, a separate exam room, adaptive equipment, readers, and scribe services—may arise in the bar exam context, and examiners will address these needs accordingly Bar examiners will give significant weight to relevant and recent exam accommodations previously granted to the student requesting the modifications.
Bar Exam and Bar Admission
In In re Rubenstein, a plaintiff with a learning disability challenged the licensing and admission process for lawyers, seeking extra time on the bar examination Although she had passed the Multistate Bar Exam before her diagnosis, she failed the essay portion; after the disability was disclosed, the examiners granted additional time only on the essay portion The court stated that the Americans with Disabilities Act is meant to place individuals with disabilities on an equal footing with non-disabled persons, not to confer an unfair advantage, and it recognized that a person with a disability should have equal opportunity.
157 ADMISSION COUNCIL GUIDELINES, supra note 53
162 [d at 1137; see also Riedel v Bd of Regents, Civ A No.93-2117-GTV, 1993 WL
Case 500892 (D Kan Nov 17, 1993) held that the medical student’s claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act were dismissed for lack of standing The court noted that the student, who was learning disabled, failed the National Board Examination and was dismissed from medical school, eliminating any actionable ADA or Rehabilitation Act relief in this context.
Under the ADA, a learning disability should be accommodated, and the court, as an equitable remedy, ordered that Kara Rubenstein receive a certificate indicating she was qualified for admission to the Bar Another bar-examination challenge under the ADA ended in disappointment for the applicant, as reflected in Pazer v New York State.
The Board of Law Examiners considered Jonathan Pazer, who allegedly had a learning disability, and his request to take the bar exam over four days instead of the usual two, along with the use of a computer and a different test site to minimize distractions While these accommodations might have been reasonable for a disabled applicant, the court was not persuaded that Pazer was disabled and denied the requested relief.
Argen v the New York State Board of Law Examiners involved a request for special accommodations on the bar examination Ralph Argen claimed he was disabled under the ADA due to a learning disability After reviewing expert testimony and reports, the United States District Court for the Western District of New York rejected Argen's claim and dismissed the complaint.
In D'Amico v New York State Board of Law Examiners, the U.S District Court for the Western District of New York addressed Marie D'Amico's challenge to the bar exam, noting her severe visual impairment and her request for additional time as a reasonable accommodation The court held that every request for accommodations and the determination of reasonableness must be made on a case-by-case basis, reflecting the ADA’s aim to prevent disability-related disadvantage while balancing practical testing considerations The ruling underscores the need for individualized assessment of bar exam accommodations to ensure accessibility and fairness in licensure processes.
168 Id at 287; see also Doe v N.Y Univ., 666 F.2d 761, 773 (2d Cir 1981) (requiring a showing of irreparable injury to mandate injunctive relief)
171 Id at 91 The court stated that not all underachievers are learning disabled Id at 90
Under the Americans with Disabilities Act, accommodations are not about giving disabled applicants an unfair edge but about ensuring they compete on an equal footing The decision to provide an accommodation turns on medical evidence, with the treating physician’s opinion given substantial weight Accordingly, the court ordered the Board of Law Examiners to permit D'Amico to complete the exam over four days with a maximum of five hours per day The proposed two-day schedule from 7:30 a.m to 5:45 p.m was found to violate the spirit of the ADA and could not stand.
Other Academic Modifications
CONCLUSION
Law schools are still grappling with exam modifications for disabled students, underscoring the need to expand academic support services such as tutoring and counseling As faculties weigh in on adjustments, maintaining anonymous grading and protecting student confidentiality may be challenged Test security is strained when some disabled students take exams earlier or later than their peers, raising questions about fairness and consistency These dynamics bring the law school honor code, ethics, and the prohibition on lying and cheating into focus, highlighting the ongoing tension between accessibility, integrity, and academic standards.
Costs associated with providing academic modifications create challenges for some law schools, while administrators trained in disability rights help ensure disabled students receive appropriate accommodations as they request them Establishing written policies and procedures for evaluating and implementing accommodations for disabled law students promotes consistency, legal compliance, and timely support across programs.
Academic exam modifications for disabled law students carry meaningful implications for the bar exam, the bar admission process, and the practice of law, with reverberations that begin in law school and echo through the bar preparation period into a professional career As law schools adopt flexible assessment policies, these changes influence accessibility, accommodation design, and testing formats, shaping outcomes from coursework and exams to licensure and ongoing legal practice The enduring impact of such modifications highlights how early decisions in law school can affect licensure timelines, career opportunities, and the ability to serve clients effectively.
B Recommendations to Law Schools for Providing Academic Modifications
ADA mandates have created sweeping changes in legal education by protecting the rights of disabled students and compelling law schools to offer accommodations in academic programs The scope and variety of exam modifications are just beginning to appear across law school campuses, and only time will reveal how fair and equitable these responses will be Disabled students are demanding inclusion in the legal education arena, while non-disabled peers watch to see the impact on their own training Meanwhile, many law school faculties remain out of the loop regarding consultation and approval of academic modifications, even as bar examiners and attorney grievance commissions study schools’ responses to prepare the next generation of lawyers.
As law schools continue to study and refine their policies and procedures for providing academic services to students with disabilities, a number of suggestions are offered:
Law schools should require documentation from a qualified professional—such as a licensed psychologist, physician, or educational consultant trained in disability diagnosis—who has evaluated the law student since they began law school The report should include specific recommendations for exam modifications necessary to accommodate the student's disability and ensure a fair assessment environment.
To request exam modifications, students must submit written requests to the law school Dean or to an approved designee, such as the Dean of Student Services or the Dean of Academic Affairs.
For exam modifications and other academic accommodations, the law school Dean or designee should consult with the faculty member teaching the student, who should offer suggestions on appropriate modifications; however, final decisions rest with the Dean or designee To protect confidentiality, the student's name should not be disclosed to the faculty member.
Law schools should evaluate exam accommodations—such as extra time, rest breaks, or a separate room—on a case-by-case basis, ensuring that each decision is tailored to the individual student's needs The process should rely heavily on the documentation provided by the expert evaluating the student, so recommendations are grounded in professional assessment and clear evidence.
(5) Law schools should provide students with a right of appeal to an independent decision-making board composed of
Within a board comprising faculty, administration, and a student representative, the student should be granted the right to present evidence, to testify, and to confront and cross-examine witnesses in an expedited procedure.
Law schools should be required, where appropriate, to provide free auxiliary aids to disabled students to ensure equal access to their educational programs These supports include tutors, note-takers, librarian assistance, sign language interpreters, and readers By guaranteeing these accommodations, institutions help disabled students participate fully in all aspects of their law school experience.
Law schools should implement comprehensive written policies and procedures to support disabled students through academic modifications, including documentation and verification of disability, exam accommodations such as additional time, deferrals, and rest breaks, provision of computer and other equipment, modification of exam formats (for example from essay to short answer), accessible teaching materials with enlarged print and braille, extensions of time for written assignments, waivers or substitutions of coursework, and waivers of specific graduation requirements.
1 substitution of specific course requirements for graduation; j extension of time for degree completion; k allowance of priority in course registration; l authorization to tape record classes; m provision of sign language interpreters for deaf or hearing impaired students; n provision of readers for blind students; o access to modified classroom equipment; p access to parking; q participation in extracurricular activities (e.g., law review and other writing competitions, moot court, and student bar association); r allowance of waiver or priority in enrollment for advocacy skills and clinical education; s admission to law school; t discharge from law school;