Legal Briefs from Matt Cohen
The following are past questions and answers from Matt Cohen on this topic.
How can an adult with LD get accommodations on the ACT?
I have a daughter with LD. She is 31 years old and is trying to get an associates degree. What is keeping her back from continuing her education is not being able to pass the ACT reading and writing tests. The tests are given online and do not allow you to go back to correct or complete a page.
Is there a way that she can get the paper form of the test? Or is there a different kind of grading for adults with LD? She has 40 credits, so she is able to pass some of the courses but she is at a standstill now because of this test.
I have tried to get in touch with the National Center for Learning Disabilities here in New York to no avail. I would appreciate any help that you can give me concerning this matter.
Thanking you in advance,
Jennifer
Dear Jennifer:
If a person has a documented disability that requires accommodation in how testing is administered, he/she should request accommodation to the test agency. The individual will be expected to provide clinical documentation of the existence of the disability, the impact of the disability, the need for the accommodation, and the relationship of the disability to the requested accommodation.
Alternative test formats are often used to accommodate people with various types of disabilities. However, the request for accommodation must be reasonable. If the testing is all done online, some investigation would be needed as to how alternative testing could be done under appropriate, controlled conditions that would still accommodate her needs.
Further, there would need to be clinical documentation of why the particular accommodation in relation to the test format was necessary as a result of her disability.
(November 2009)
What rights does a teacher with a disability have?
I am a teacher with ADHD. What, if any, rights do I have? Where should I look for information on handling this successfully in the workplace? There are modifications for students but as far as I know nothing for teachers.
Dear Clara:
You are seeking information on your right to accommodations as a teacher with ADHD. Assuming you work for a public school, your rights are determined by the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, state disability laws, and your union contract.
As a general matter, people with ADHD that are otherwise qualified for their job are entitled to receive reasonable accommodations in employment when needed to address the impact of their ADHD on their ability to successfully perform their work. The Equal Employment Opportunity Commission has regulations and explanatory material on the rights of people with disabilities in relation to employment.
(October 2009)
I've been denied accommodations for the LSAT. What can I do?
Hi, I recently took the LSAT and they wouldn't give me accommodations. I have been diagnosed with a learning disability since I was in third grade. They told me that I needed more up-to-date testing. I have talked to about 10 psychologists and they all have told me that it is very hard to get accommodations for the LSAT. I just think this is terrible.
Because I read a lot slower than others I only got to about half of the questions. Yet I answered most of the questions I did get to correctly. I am someone who needs extra time to read and process information.
It looks like I will not be able to go to law school because the people at the LSAT will not help me out. I was wondering what you think I should do.
Dear John:
Although many test agencies are being more demanding in relation to documentation, they are allowed to ask for current clinical information in many circumstances, even when there is a long history of disability and accommodation. On the other hand, with current clinical evaluation and the history of problems and accommodations, there should be a basis for arguing for accommodations.
My experience is that many of the test agencies deny many initial requests for evaluation but do agree to some or all of the accommodations if the applicant appeals and provides additional supporting data documenting the existence, severity, and impact of the disability and the need for the specific accommodation.
In addition, because of recent amendments to the Americans with Disabilities Act, the definition of disability has been broadened and will likely make it easier for students with LD, ADHD, and other neurologically-based disabilities to obtain accommodations on these sorts of tests.
(August 2009)
For more information on this topic, please visit the Adults with LD section in LD InDepth.
