[blindlaw] Blindness and test design issues (was: Diagraming Logic Games)

Fri Dec 2 02:39:10 UTC 2016

Has anyone done a survey of blind LSAT test takers to determine
whether blind people have a disproportionately low score on the logic
games part of the test (vs the reading or logic sections)?

I know that this was alleged in Binno v ABA, No. 11-12247 (E.D. MI.
Sept. 30, 2012) (dismissed for lack of standing against ABA rather
than LSAC), aff'd, 826 F. 3d 338 (6th Cir. 2016).

Binno's case didn't make it to a decision on the merits because of
standing, and other LSAC discrimination cases I've read don't seem to
treat this particular part of the testing specially.

This conversation raises what to me is a very interesting question:
whether superficially neutral test design might have a systemically
discriminatory effect for people with what should in theory be an
unrelated disability.

It's not plausible that blind people systemically are less analytical
than sighted people. So, if blind people perform systemically worse on
the analytical reasoning (logic games) portion of the LSAT —
proportional to their scores on the rest of it — then it implies
there's an issue with the test design itself.

If there really is a broad issue for blind test takers where they
perform more poorly on this section of the test than otherwise, that
would make for an interesting class action case about the test design
or accommodations particular to different types of questions.

(Personally, the logic games section was the only part of the test
where I got points off, but that was for reasons unrelated to my
vision issues, so I don't think I can speak from personal experience
about it.)

- Sai

On Thu, Dec 1, 2016 at 7:09 PM, kelby carlson via BlindLaw
<blindlaw at nfbnet.org> wrote:
> I didn't get any accommodations for that section, so had to do
> everything in my head.
>
> On 12/1/16, Michal Nowicki via BlindLaw <blindlaw at nfbnet.org> wrote:
>> I did not have to appeal, and, quite strangely, this was before things
>> started to change for the better.
>>
>> Sent from Mail for Windows 10
>>
>> From: Tai Tomasi via BlindLaw
>> Sent: Thursday, December 1, 2016 12:35 PM
>> To: Blind Law Mailing List
>> Cc: Tai Tomasi
>> Subject: Re: [blindlaw] Diagraming Logic Games
>>
>> I did have to appeal for it, submitting a detailed justification letter
>> explaining the need.
>>
>> Tai Tomasi, J.D.
>> Staff Attorney
>>
>>
>>
>> 400 East Court Ave., Ste. 300
>> Des Moines, Iowa 50309
>> Tel: 515-278-2502; Toll Free: 1-800-779-2502
>> FAX: 515-278-0539; Relay 711
>> E-mail: ttomasi at driowa.org
>> www.driowa.org
>>
>> Our Mission:  To defend and promote the human and legal rights of Iowans
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>>
>> -----Original Message-----
>> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Kyra
>> Sweeney via BlindLaw
>> Sent: Thursday, December 01, 2016 12:28 PM
>> To: Blind Law Mailing List <blindlaw at nfbnet.org>
>> Cc: Kyra Sweeney <kyra.sweeney94 at gmail.com>
>> Subject: Re: [blindlaw] Diagraming Logic Games
>>
>> I also find Excel really helpful for diagramming the games, but so far have
>> not been able to get LSAC to grant it as an accommodation. Can anyone share
>> their experiences requesting the use of Excel? Was it necessary to appeal
>> for it?
>> Kyra
>>
>>
>> Sent from my iPhone
>>
>>> On Dec 1, 2016, at 7:34 AM, Tai Tomasi via BlindLaw <blindlaw at nfbnet.org>
>>> wrote:
>>>
>>> I too used Microsoft Excel to diagram the games, though you won't be able
>>> to get that accommodation approved before the December administration of
>>> the exam. If you happen to take it again for whatever reason, I recommend
>>> the use of Excel for diagramming the logic games. I just devised a system
>>> of symbols denoting the status of each variable. Using excel was helpful
>>> because I could copy the basic setup for all the questions relating to
>>> that game.
>>>
>>> Tai Tomasi, J.D.
>>> Staff Attorney
>>>
>>>
>>>
>>> 400 East Court Ave., Ste. 300
>>> Des Moines, Iowa 50309
>>> Tel: 515-278-2502; Toll Free: 1-800-779-2502
>>> FAX: 515-278-0539; Relay 711
>>> E-mail: ttomasi at driowa.org
>>> www.driowa.org
>>>
>>> Our Mission:  To defend and promote the human and legal rights of Iowans
>>> with disabilities
>>>
>>> CONFIDENTIALITY NOTICE
>>>
>>> This e-mail and any attachments contain information from the law firm of
>>> Disability Rights Iowa and are intended solely for the use of the named
>>> recipient(s). This e-mail may contain privileged attorney-client
>>> communications or work product. Any dissemination by anyone other than an
>>> intended recipient is prohibited. If you are not a named recipient, you
>>> are prohibited from any further viewing of the e-mail or any attachments
>>> or from making any use of the e-mail or attachments. If you have received
>>> this e-mail in error, notify the sender immediately and delete the e-mail,
>>> any attachments, and all copies from any drives or storage media and
>>> destroy any printouts.
>>>
>>>
>>> -----Original Message-----
>>> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of J
>>> Steele-Louchart via BlindLaw
>>> Sent: Wednesday, November 30, 2016 8:12 PM
>>> To: blindlaw <blindlaw at nfbnet.org>
>>> Cc: J Steele-Louchart <jsteelelouchart at gmail.com>
>>> Subject: [blindlaw] Diagraming Logic Games
>>>
>>> Hi, all,
>>>
>>> I'm taking my LSAT in a few days and I wanted to ask other totally-blind
>>> people how you diagram logic games. Although my scores on the logical
>>> reasoning and reading comprehension sections are where I want them, my
>>> scores on logic games fall a little short. I struggle with trying to
>>> organize the various correct sequences of the variables in a list in a
>>> word document. What have others done to keep track of multiple sequences
>>> for restricted and modification questions?
>>>
>>> Warmth,
>>> J
>>>
>>>
>>> --
>>> J Steele-Louchart
>>>
>>> I Will Find A Way or I Will Make One
>>>
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