Navigating Accommodation Denials on the SAT and ACT: A Guide for Students
Many students are diagnosed with disabilities that require accommodations on college entrance exams. The denial of testing accommodations to individuals with disabilities limits their ability to pursue higher education and subsequent career paths. The Americans for Disabilities Act of 1990 (ADA) prohibits discrimination against people with disabilities and provides the legal basis for people to receive accommodations when they take standardized tests like the SAT and ACT.
Applying For Accommodations
When applying for accommodations on the SAT or ACT simply having a diagnosis does not mean you have an ADA defined disability and having a disability does not automatically equate to needing an accommodation. The ADA defines a disability as a mental or physical impairment that substantially limits a major life activity compared to most people or the average person in the general population. To qualify for accommodations under the ADA, documentation that shows that the diagnosed condition substantially limits one or more major life activities must be provided. The adverse effects on learning or other major life activities must be supported by current test results to reflect the test-takers present functional limitations. The guidelines of the Diagnostic and Statistical Manual of Mental Disorders, 4th or 5th Edition (DSM-IV or DSM-5) are also used to substantiate the presence of a disabling condition. The ADA requires that a person with a disability have “meaningful access” to the examination, which means that the disabled candidate will have an equal opportunity to obtain the same, but not greater, benefit that the examination provides for a non-disabled person.
Reasons why the administrators of SAT or ACT will deny accommodations
There are multiple reasons why the administrators of SAT or ACT will deny accommodations. They don’t simply use a checklist of disabilities or approve accommodations because of medical professionals’ recommendations. In my experience, these testing entities often have several reasons for denying students accommodations. These include:
1. Test-taker Documentation
The test-taker lacks the appropriate documentation to substantiate their disabilities.
2. Limited Substantiation
The test-taker has not shown that they are substantially limited in any major life activity compared to most people or that their disability is severe enough to warrant accommodations.
3. Testing Comparison Conclusion
Testing administrators concluding the test-taker has achieved average or above average scores on certain tests without accommodations and therefore must not have a disability that requires accommodations.
4. Faulting Test-takers
Testing administrators fault the test-taker for not applying for testing accommodations on prior standardized exams; and faulting the test-taker for not having accommodations or undergoing testing in their early childhood.
In some cases, testing entities have denied accommodations when a student had previously received the same accommodations in school or for other standardized exams. They also have denied accommodations when the test-taker has submitted psychoeducational evaluations from medical professionals to support their applications. Students’ schools often don’t properly prepare the student and their families for this challenging accommodation request process. Sometimes the school officials are uninformed of the law and do not know what additional documentation is required. The knowledge gap in the law is what the representation of an education attorney can address. It is important to consult with an education law attorney who can guide you through the application and appeal process for SAT and ACT exam accommodations. It is best to consult with an education attorney at the beginning stages of the request process to prepare the application for approval.
Why Students and Families Seek Education Attorney Sydney Rendel
Attorney Sydney Rendel partners with students and families to navigate issues that arise related to requesting accommodations on these standardized exams. She has successfully pursued significant accommodations for students with disabilities who were denied accommodations for the ACT and SAT. If you are planning to apply for testing accommodation or appeal the denial of a request, or if you have any questions about your right to disability-related accommodations under federal law, please contact Sydney Rendel today and schedule a consultation.
ADA Requirements: Testing Accommodations
https://www.ada.gov/resources/testing-accommodations/
This article is for educational and entertainment purposes only. This is not legal advice and should not be relied on as such. Every case is different. Consult a licensed professional in your state. Viewing this website or its content does not create an attorney-client relationship with Lyda Law Firm or any of its lawyers.
