[Nyabs] substance for tonight's discussion topic

[Kathryn Carroll]

Dear NYABS,

Below is a description and summary of a study conducted by the GAO in which
the GAO calls on the Department of Justice to protect students' rights
concerning testing accommodations. It might be a good idea to check it out
before the call tonight.

Kate

---------- Forwarded message ----------
From: Lissner, Scott <Lissner.2 at osu.edu>
Date: Tue, Jan 3, 2012 at 10:56 AM
Subject: [DREAM:269] GAO calls on the Department of Justice to protect
students' rights
To: dsosu at lists.acs.ohio-state.edu


*GAO calls on the Department of Justice to protect students’ rights*****

 Each year, millions of people take standardized tests in pursuit of a
college education, graduate studies, and professional certification or
licensure.  The Americans with Disabilities Act requires companies that
administer these tests to provide test modifications to best ensure equal
access for individuals with disabilities.  The high stakes testing industry
has generated considerable controversy, a significant number of law suits
and voluminous complaints to federal agencies and concerning who has a
disability and how to determine what accommodations are necessary
toprovide equivalent access.

At the request of Representatives George Miller, Pete Stark and Cathy
McMorris Rodgers the Government Accountability Office
(GAO<http://www.gao.gov/>)
examined the process including the types of accommodations requested,
factors testing companies consider when making decisions about requests,
and how federal agencies enforce ADA compliance within the industry.

AHEAD <http://www.ahead.org/>  (Association on Higher Education And
Disability) and a number of its members participated in the GAO study’s
interviews that helped provide a context for the GAO's reviews of relevant
laws and regulations, testing company policies, data provided by the
testing industry, and federal complaint data. ****

** **

The report recommends that the Department of Justice develop a strategic
approach to enforcing the ADA in the high stakes testing industry to ensure
the timely provision of accommodations to all eligible individuals. Justice
has reviewed the report and agrees with its approach and conclusions.

This report, the amendments to the ADA, the regulations recently issued
under Title I, II and III (particularly Section 309) along with a string of
recent court cases clearly confirms an emerging approach to reviewing
accommodations requests that is anchored to individual disability histories
rather than the snap shots provided by diagnostic testing; more often
asking “Why not” in response to a request for accommodation rather than
“Why?”.  This approach will require a more thoughtful and commonsense
approach to determining accommodations relying more heavily on unique
experience of the individual and the  recommendations of clinicians and
health care providers in order to achieve the broad goals of the ADA in
connection with high stakes tests. ****

** **

AHEAD <http://www.ahead.org/> (Association on Higher Education And
Disability - http://www.ahead.org) has been revising its guidance on best
practices in documentation and expects a Spring release.  The revisions
will place less emphasis on diagnostic tests to determine eligibility;
focusing instead on the educational and accommodation histories (formal and
informal) of individuals, their supporting narratives and the surrounding
context including the development of new technologies.  AHEAD encourages
other organizations to review their practice and is happy to offer
technical assistance; contact AHEAD <http://www.ahead.org/> via
e-mail<http://www.ahead.org/contact>or call (704)
947-7779.      ****

** **

The full report “Higher Education and Disability: Improved Federal
Enforcement Needed to Better Protect Students' Rights to Testing
Accommodations (Report to Congressional Requesters AO-12-40 United States
Government Accountability Office) can be found at
http://www.gao.gov/products/GAO-12-40.  ****

** **

# # #****

** **

** **

** **

*L. Scott Lissner, Ohio State University ADA Coordinator, Office Of
Diversity And Inclusion*
  Associate, John Glenn School of Public Affairs
  Lecturer, Knowlton School of Architecture, Moritz College of Law &
Disability Studies ****

  President Elect, Association on Higher Education And Disability ****

  Chair, ADA-OHIO
  Appointed,  Ohio Governor's Council For People With Disabilities, State
HAVA Committee & ****

  Columbus Advisory Council on Disability Issues ****

** **

*(614) 292-6207(v); (614) 688-8605(tty)** **(614) 688-3665(fax);
Http://ada.osu.edu <http://ada.osu.edu/>*

*291 W. Lane Ave<http://www.osu.edu/map/building.php?area=northdorms&building=160>,
Columbus, OH 43210-1266*

* *

** **

** **



-- 
Kathryn Carroll
St. John's University School of Law 2013
(Ph.) 347-455-1521
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