Test Accommodations for Students with Disabilities
Secondary education, graduate schools and professional certifications / licenses typically require standardized testing. Some of these standardized exams are SAT, ACT, LSAT, MCAT, USMLE, COMLEX, GMAT, GRE, MBE (Bar Exam) MPRE, NAPLEX, and MPJE. Testing agencies such as LSAC, College Boards, ACT and NBME are required under the Americans with Disabilities Act (“ADA”) to provide appropriate accommodations to test takers with disabilities.
We have assisted many individuals with disabilities or students’ with special needs obtain appropriate accommodations on these standardized examinations. For example, we have obtained LSAT accommodations, USMLE accommodations, MCAT accommodations, and Bar Exam accommodations on behalf of students with disabilities throughout the country. We have successfully counseled and prepared effective accommodation requests, submitted appeals and reconsiderations of denials of accommodation requests and pursued litigation on behalf of individuals who have been wrongfully denied appropriate accommodations. The Law Office of Charles Weiner handles these matters on a national basis and filed law suits on behalf of clients in various states.
The Americans with Disabilities Act / ADA Law
In order to receive protection under the ADA, one must have a disability. A disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. A physical or mental impairment includes orthopedic, visual, speech, hearing impairments, emotional illness and specific learning disabilities to name a few. Major life activities include performing manual tasks, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
In order to establish the existence of a disability, testing agencies require documented proof of a disability. Such proof includes a recent evaluation and report from a medical or psychological professional. Additional proof may include past evaluations and medical reports and documentation of prior accommodations in school and/or standardized examinations. Testing agencies often have very specific requirements for the types of evaluation data necessary to establish certain disabilities. We have assisted and counseled many clients, coordinated the proper documentation and identified trained professionals to conduct evaluations.
What Are Appropriate Accommodations
The ADA requires that standardized tests must be offered in a manner that makes the test accessible to persons with disabilities. Accommodations include, but are not limited to, extended time, additional or extended breaks, a quiet testing environment, a reader or audio version of the examination and use of assistive technology. Accommodations are available for both physical and cognitive disabilities such as Attention Deficit Hyperactivity Disorder (ADD/ADHD), learning disability or Obsessive Compulsive Disorder (OCD).
If you have been denied test accommodations, contact an experienced test accommodations lawyer.
The Law Office of Charles Weiner
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