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Additional LSAT Advice for Disabled Students
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The LSAC, and the LSAT test it administers, must meet the
requirements of the Americans with Disabilities Act (ADA).
If you are a disabled test-taker, you should insist upon all
of your legal rights under the ADA and other applicable legislation.
The LSAC has not proven itself
especially friendly to disabled test-takers. As you may know,
it has been the subject of private lawsuits over accommodations
for the disabled. It was also sued by the U.S. Justice Department,
which argued that its policies on accommodations were discriminatory
and violated the ADA. (This case was settled, largely in the
LSAC’s favor.) The LSAC vigorously defends its policies,
insisting that they are necessary to ensure the fairness of
the LSAT examination.
Accommodations that you may wish to request include: a scribe,
a reader, a sign language interpreter, additional time to review
the scribe’s work, additional time to complete the writing
portion of the exam, additional time to take the multiple choice
portion of the exam, a quiet room, a room with special features
(different lighting, etc.), testing on multiple days, and the
like. NOTE: This is not an exhaustive list, and everyone is
different, so insist on any and all accommodations that you
feel you need to take the exam on a level playing field with
non-disabled test-takers.
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If you are a disabled test-taker, please read and consider
the following suggestions:
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Insist on your accommodations. You are legally entitled
to them. The LSAT is perhaps the most important component
of the law school admissions process. You should think carefully
before taking the exam under non-accommodated conditions;
do
not hamper your chances for a good score.
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Submit your LSAT registration documents, including your
request for accommodations, WELL IN ADVANCE of the deadlines.
As soon as possible is not soon enough. The LSAC will take
time to review your request for accommodations, and if you
receive an unfavorable decision, you will have to appeal
it. I advised a disabled student who had to appeal not once,
but
numerous times. The entire process of obtaining adequate
accommodations took him nearly five months.
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Be prepared to
document your disability with CURRENT information. The
LSAC will NOT tell you what documents you need to submit
to make your case for accommodations. (This fact causes
a great deal of anxiety and frustration for disabled applicants.)
Instead,
you send in your documentation and LSAC tells you if it’s
adequate. The guidelines for documentation can be found
on its web site at www.lsac.org.
You will find that the LSAC
is not very specific about the type of medical records
and affidavits
required to establish your disability and need for accommodations.
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In
general, however, you need to demonstrate at least that
you (a) have a disability; that has been (b) recently documented
by an appropriate medical doctor/equivalent; and that your
disability is (c) linked directly to the accommodation you
seek. Some students who have had their disabilities
for years do not have current information describing it.
Often,
high schools and colleges make accommodations simply on
the basis of a student’s claim of disability; most
probably do not require extensive documentation.
THE LSAC IS JUST
THE OPPOSITE: IT REQUIRES YOU TO ESTABLISH YOUR DISABILITY,
AND ITS LINK TO THE ACCOMMODATIONS YOU SEEK.
Its standards are much tougher than your college’s or
university’s. It will NOT be sufficient for you to tell
LSAC that you already receive the same accommodations at your
undergraduate institution. LSAC does not really care about
the accommodations granted by other institutions. It is more
concerned with medical documentation of your condition and
how your condition affects your test-taking ability. The hard
part is not establishing the disability—most students
can do that through medical records. Rather, the hard part
is establishing WHY your disability entitles you to the accommodations
you seek.
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The toughest accommodation to get, it seems, is extra
time. Undergraduate institutions routinely allow extra
time on timed
examinations, but at least in my experience, it is like
pulling teeth to obtain extra time from the LSAC. Indeed,
many of
the lawsuits filed against LSAC have concerned its denial
of extra
time to mentally and physically disabled test-takers. If
you are denied extra time, consider retaining a lawyer to “run
interference” for you. Some disability law centers
and legal aid organizations will represent you for free.
Check
with your school, too, to see if it provides any student
legal aid.
One disabled student had a very difficult time obtaining
extra
time on his LSAT examination. Specifically, he had to establish
that his disability was not simply physical. My student had
to be specially tested to establish that the nature of his
disability was both physical and cognitive. When he was able
to submit the results of this testing, he finally received
the extra time accommodation. However, he paid for this testing
himself, and he used a lawyer.
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