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JUSTICE DEPARTMENT SUES LAW SCHOOL ADMISSION COUNCIL

WASHINGTON, D.C. -- The Justice Department today sued the Law School Admission Council (LSAC) for denying persons with physical disabilities additional time to take the Law School Admission Test (LSAT).

The lawsuit, filed in the U.S. District Court in Philadelphia, alleges that LSAC violated the Americans with Disabilities Act (ADA) when it denied four individuals with physical disabilities, including cerebral palsy and juvenile rheumatoid arthritis, additional time on the multiple-choice portion of the LSAT, a standardized test administered to those seeking admission to law school. The lawsuit alleges, among other things, that LSAC required some applicants to obtain a psychoeducational assessment as a basis for determining whether it would grant the requested additional test time, a violation of the ADA.

"Individuals with disabilities must be given a fair chance to demonstrate their skills and abilities, said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights."The failure to make reasonable modifications in testing practices and procedures penalizes disabled persons. It closes the gateways to professional opportunities."

The lawsuit also alleges that in denying the additional test time on the scored portion of the LSAT, LSAC failed to provide meaningful explanations for its decision, and failed to explain what documentation the applicants needed to provide in order to be granted additional test time. In addition, the lawsuit alleges that LSAC has failed to engage in an interactive process with persons with disabilities seeking accommodations.

Today's lawsuit was filed after extensive efforts to negotiate a voluntary settlement agreement failed. The lawsuit seeks an order requiring LSAC to provide the requested accommodations and to prohibit LSAC from discriminating against persons with disabilities who request those accommodations. The Department also seeks unspecified compensatory damages for the four named individuals and civil penalties.

Title III of the ADA requires private testing entities that administer admission tests at the postsecondary level to offer its examinations in a place and manner that will accurately reflect the individual's aptitude or achievement level or whatever factor the examination seeks to measure rather than reflecting the individual's disability. One common way of modifying examinations, when appropriate, is by modifying the time limits for completion of an examination.