Disability determination is a lengthy process and may cause delay in gaining admission to colleges. A disability lawyer can help.

1. Disability
Accommodation
for Law Students
and the LSAC
Problematic
Disability determination is a lengthy
process and may cause delay in gaining
admission to colleges. A disability lawyer
can help.
Medical Record Review

2. www.mosmedicalrecordreview.com 1-800-670-2809
A recent article highlighted problems faced by aspiring law students with disabilities. The writer
brings attention to the four-year-old litigation between the U.S. Department of Justice and the
Law School Admissions Council (LSAC) that administers the LSAT (Law School Admission Test),
over how the council treats disabled students. The litigation was initiated in 2012 when the
California Department of Fair Employment and Housing first alleged that the LSAC’s
accommodation policies were too oppressive and violated the ADA (Americans with Disabilities
Act). The Justice Department joined the class action at a later stage.
Heavy Documentation Demand – a Major Deterrent
One of the main questions is whether an aspiring law student who passed an earlier
standardized test with an accommodation for a disability merits similar treatment for the LSAT
or whether he/she will have to prove again that they need extra time or a separate testing
room. Another major hitch is the shortage of outside consultants to review the more than 300
applications for accommodations that the LSAC sends for review each year – just 2 outside
consultants when 40 may be needed to do the job appropriately. What deters students from
even applying for the LSAT is the copiousness of documentation that needs to be provided to
determine suitable accommodation. Following a consent decree reached in May, the LSAC
agreed to end its “flagging” policy – i.e. alerting law schools when giving extra time to a
disabled student to complete the test (provision of extra time is a common accommodation). It
also agreed to pay $7.73 million to more than 6, 000 people who were refused disability
accommodations.
Impairments Most Frequently Cited by Applicants
Attention deficit hyperactivity disorder 32%
Learning Disabilities 23%
Neurological Issues 11%
Visual Impairments 10%
Physical Disorders 10%
Psychological impairments 7%
Other/Medical 6%
Hearing Impairments 1%
Delays and Denials Causing Considerable Distress
The article quotes a law student who was denied requests for accommodation thrice between
2008 and 2010. He had requested extra time and a semiprivate testing room to accommodate
his dyspraxia. He managed to improve his score over five sittings and finally secured admission

3. www.mosmedicalrecordreview.com 1-800-670-2809
to the University of California, Irvine School of Law. He expresses his distress at having to wait
so long to get into law school. People like him strongly feel that the LSAC must radically
improve its approach to people with disabilities and be more transparent. This view is shared by
many disability lawyers fighting to obtain benefits for their clients.
A review panel created to recommend additional reforms concluded that the current rules of
the LSAC are excessive and suggested reforms that include considering previous testing
accommodations, a formal appeals process and adding more experts to review requests.
However, the LSAC plans to oppose most of the recommendations when it files objections with
the U.S. District Court for the Northern District of California by March 26.
All this is taking a toll on prospective law students with impairments. There are many students
going for injunctions alongside the existing Justice Department litigation. The important
consideration is that the LSAT is the entry point to the legal profession and to get into law
school you need to perform well in the test.
Disability Accommodation Determination – the Federal Standpoint
Universities across the United States are committed to complying with Section 504, the ADA
and amendments with regard to qualified students with disabilities. According to these
directives, universities and colleges that receive federal funding are prohibited from
discriminating against such students in educational programs and activities. By definition, a
qualified student is a disabled student who, with or without reasonable accommodation (such
as communication aids/services, architectural access, modifications to practices and policies)
meets the University’s academic and technical standards that are required for admission in the
University’s academic programs and activities.
The Disability and Accommodation Determination Process
The student will have to be directly involved in the disability determination process since it is an
interactive and two-way process. To qualify for disability under the ADA and Section 504,
he/she must have a physical or mental impairment that substantially limits one or more major
life activity. The impairment has to be one on account of which the student is unable to
perform a major life activity that an average person can perform, or he/she is considerably
restricted in performing that major life activity vis-à-vis the average person in the general
population. The disability is determined on the basis of detailed review of relevant medical
documentation provided by a qualified medical professional regarding the nature and severity
of the impairment and a detailed description of the student’s functional limitations. If the
student has a learning disability, psychological disorder or attention deficit disorder, the
University may ask for certain tests. When all medical documentation is received, the university
may have the assessment and any recommended accommodations reviewed by external
medical professionals.

4. www.mosmedicalrecordreview.com 1-800-670-2809
The disability determination process next considers whether the student qualifies for any
appropriate academic modification or adjustment (i.e. reasonable accommodation).
Reasonable accommodation signifies an adjustment/modification to a program, course, service,
job, activity or facility that allows a qualified student with disability to have an equal
educational opportunity but does not lower/modify essential requirements, fundamentally
alter the nature of a program, service or activity, or cause undue financial/administrative
burdens. Auxiliary aids allowed to a disabled student are items/services provided to enable
him/her to have equal access to the educational program/life activities for which he/she is
eligible. Examples of auxiliary aids and services include ASL interpretation, speech to text
interpretation, adjustable lighting, sound amplification, use of computer for in-class writing
assignments and exams, distraction-free environment whenever possible for in-class exams,
alternative book and test formats, and extra time for in-class examinations and assignments.
However, these aids do not include individually prescribed devices, personal attendants or
other services/devices of a personal nature including typing or tutoring.
To determine eligibility for reasonable accommodation, the following aspects are considered:
 The functional limitations that are caused by the impairment
 Essential elements/requirements of the academic program, course and/or university
sponsored student life activity
 The past performance of the student with and without reasonable accommodation
 Disability-related difficulties the student experienced in the past with regard to
participating in university sponsored and /or academic programs
 Any previous adjustments/modifications received by the student in an educational
setting
 An evaluation of the reasonable accommodation recommended by a qualified,
appropriate professional.
Denied Accommodation – Steps to Take
A student experiencing discrimination because of his/her disability or who has been refused the
accommodations requested can do any or all of the following:
 File an internal appeal/grievance with the school
 File a complaint with the OCR (Office for Civil Rights of the U.S Department of
Education) or the U.S. Department of Justice (DOJ)
 Go for private negotiation and solve the issues informally
 File a lawsuit
To file a lawsuit, students don’t have to first file a grievance with the school or file a complaint
with the OCR or DOJ. A lawsuit related to violations of the ADA and Section 504 must be filed in
a U.S. District Court. It is best to have an attorney to represent the student so that the case is
well presented and has more chance to win.