[blindlaw] Time on the LSAT

Mon Dec 5 19:05:52 UTC 2016

Also, docx format of the best practices report if you prefer:

<https://www.ada.gov/lsac_best_practices_report.docx>

The court order I gave earlier granted some and denied some, so it has
to be cross-referenced.

On Mon, Dec 5, 2016 at 2:03 PM, Sai <legal at s.ai> wrote:
> I mistakenly attached the final panel report twice. Here's the
> executive summary document.
>
> On Mon, Dec 5, 2016 at 1:58 PM, Sai <legal at s.ai> wrote:
>> On a legalistic side, from DFEH v LSAC and some other sources:
>>
>>
>> Something not as widely circulated as the consent decree is the "best
>> practices" panel final report and the court's order on it. I've
>> attached both (plus the summary of the report).
>>
>> I suggest reading them in detail, as they're a bit complex.
>>
>> In short, for blindness or serious visual impairment, they create a
>> rebuttable presumption of 100% extra time throughout — and 150% extra
>> time on the analytical reasoning (logic games) section.
>>
>> Broadly, it creates three standards of accommodation:
>> 1. non-time, given fairly easily (eg braille or electronic format,
>> separate room, scratch paper, electronic essay submission, food &
>> drink, extra break time rather than test time, etc)
>> 2. extra time up to 50% for non-visual disabilities and up to 100% for
>> visual disabilities, given with appropriate documentation (more or
>> less automatic if it was given previously)
>> 3. extra time more than that, requiring extra documentation (with the
>> exception of 150% on analytical reasoning for blind people, which is
>> in category 2).
>>
>>
>> I would guess that if someone is blind *and* has another disability
>> (like ADHD), they could make a good case for more time still, like
>> 150% base / 200% analytical, but would face a lot of resistance and
>> demands for extreme documentation.
>>
>> If you get them to grant electronic format, they'll send you a USB
>> stick with an older HTML format test on it for practice purposes.
>>
>> (I'd have to check on whether I can share that or not, but if it would
>> help - e.g. to determine how much speed is actually needed with that
>> format - let me know privately.)
>>
>> As a practical matter, I'd suggest just asking for double time (and
>> 150% time on analytical), pointing to the final report adopted by the
>> court and documented visual disability. And practice with the
>> electronic format to find out how much time it actually takes you.
>>
>> If it takes more time, be prepared for an uphill argument.
>>
>>
>>
>> I should add that there's also a fourth category of accommodation,
>> that LSAC is extremely pissy about: phones.
>>
>> These are *not* in the consent decree, and LSAC still by default does
>> not allow people to have them, even when turned off during the test.
>>
>> This is a bit ironic, in that they do allow laptops if you have
>> electronic format. (In fact, they insist on you bringing your own, and
>> give you the test in HTML format on an Ironkey USB stick.)
>>
>> I *was* able to get them to let me bring my phone - kept off during
>> the test, just used so I could take an Uber to and from.
>>
>> However, that required making both
>> a) a strong case that I needed my phone to be able to safely get to
>> and from the test center, and
>> b) a very credible threat of immediate litigation if they did not
>> promptly agree.
>>
>>
>> FWIW, I think there are two things not covered in the DFEH case that
>> are ripe for a second class action:
>>
>> 1. phones, where required for purposes outside the test room, like
>> navigation, transportation, communication, etc. and proposed to be
>> kept off during the entire test
>>
>> 2. denials based exclusively on a combination of factors, no single
>> one of which is permitted under the DFEH decree (e.g. high IQ, high
>> test scores, no prior documented accommodation)
>>
>> If you happen to be interested in pursuing such a case as litigation
>> counsel, please contact me privately.
>>
>> - Sai
>>
>> On Mon, Dec 5, 2016 at 12:00 PM, J Steele-Louchart via BlindLaw
>> <blindlaw at nfbnet.org> wrote:
>>> Jameyanne,
>>>
>>> You bring up a good point. Had I been able to do my logic games in
>>> braille, I would've had a very different experience with them.
>>> Unfortunately, my braille skills aren't yet where they need to be for
>>> me to have taken the test in braille.
>>>
>>> J
>>>
>>>
>>> On 12/5/16, Jameyanne Fuller via BlindLaw <blindlaw at nfbnet.org> wrote:
>>>> I had 100 percent extra time as well. I took my exam with a Braille test,
>>>> Braille scrap paper, and a scribe to bubble in my answers, and a computer
>>>> and screen reader to write my essay. This worked for me. I had no problems
>>>> with the logic games. I found it easier to use my Perkins Brailler to
>>>> diagram the logic games and have everything under my fingers. Lots of
>>>> practice working out my own system paid off. Logic games was my best
>>>> section
>>>> and I consistently on practice tests and in the actual LSAT got a perfect
>>>> score on that section.
>>>> I've never heard of more than 100% extra time, but whatever your mentee
>>>> decides, they should take as many practice tests as possible to get
>>>> comfortable with the time limit.
>>>> Jameyanne
>>>>
>>>> -----Original Message-----
>>>> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of J
>>>> Steele-Louchart via BlindLaw
>>>> Sent: Monday, December 5, 2016 11:35 AM
>>>> To: Blind Law Mailing List <blindlaw at nfbnet.org>
>>>> Cc: J Steele-Louchart <jsteelelouchart at gmail.com>
>>>> Subject: Re: [blindlaw] Time on the LSAT
>>>>
>>>> Hello,
>>>>
>>>> I'm totally blind and took mine this past Saturday. I used a
>>>> screen-reader and electronic documents. I was completely comfortable
>>>> with 100% additional time, with the exception of the logic games
>>>> section, which requires you to diagram variables into multiple
>>>> sequences and/or groups. (There really doesn't seem to be a good
>>>> accommodation or amount of time for diagraming logic games on the
>>>> LSAT.)
>>>>
>>>> Warmth,
>>>> J
>>>>
>>>>
>>>> On 12/5/16, Daniel Smyth via BlindLaw <blindlaw at nfbnet.org> wrote:
>>>>> Hi All,
>>>>>
>>>>> My mentee has asked me what an appropriate amount of time to ask for on
>>>>> each section of the LSAT is. Can anyone share any insight as to the outer
>>>>>  limit in terms of time the LSAC will go for? I can't speak directly to
>>>> the
>>>>> question as I took the LSAT before some of the recent lawsuits and I am
>>>>> partially sighted. I am trying to get her to join the list and introduce
>>>>> herself, but in the meantime any help is hugely appreciated.
>>>>>
>>>>> Thank you in advance,
>>>>>
>>>>> Dan
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> *Daniel E. Smyth*
>>>>> J.D. Candidate, 2017
>>>>> St. John's University School of Law
>>>>> President | Student Bar Association
>>>>> (917) 692-1978
>>>>> _______________________________________________
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>>>>>
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>>>> l.com
>>>>>
>>>>
>>>>
>>>> --
>>>> J Steele-Louchart
>>>>
>>>> I Will Find A Way or I Will Make One
>>>>
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>>>>
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>>>
>>>
>>> --
>>> J Steele-Louchart
>>>
>>> I Will Find A Way or I Will Make One
>>>
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