BILL ANALYSIS Ó
AB 2122
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 2122 (Lara) - As Amended: March 21, 2012
SUBJECT : Standardized testing: accommodations.
SUMMARY : Requires the test sponsor of the Law School Admission
Test (LSAT) to provide reasonable accommodations to a disabled
test subject, as specified. Specifically, this bill :
1)Requires that the LSAT test sponsor process for determining
whether to grant a reasonable accommodation be made public,
that the decision whether or not to approve a request to be
conveyed to the requester within a reasonable amount of time
and that the reasons for denial be stated if the request is
not approved.
2)Requires the test sponsor of the LSAT to establish a timely
appeals process for a test subject who has been denied an
accommodation request.
3)Requires the test sponsor of the LSAT to provide
accommodations to a test subject who has received formal
testing accommodations from a postsecondary educational
institution.
4)Prohibits the test sponsor of the LSAT from notifying a test
score recipient that the score of any test subject was
obtained by a test subject who received accommodations.
5)Requires the test sponsor of the LSAT to clearly post on their
website regarding refund policies for individuals whose
requests for accommodations are denied.
EXISTING LAW defines test sponsors as any individual,
partnership, corporation, association, company, firm,
institution, society, trust, or joint stock company which
develops, sponsors, or administers standardized tests;
establishes various requirements and procedures for test
sponsors to follow in administering standardized tests for
admission to, or placement in, postsecondary educational
institutions; and, subjects any test sponsor who violates the
requirements or procedures of administering standardized tests
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to a civil penalty of up to $750 per violation.
FEDERAL LAW requires entities that offer examinations relating
to applications for postsecondary education to offer
examinations in a place and manner accessible to persons with
disabilities, including providing modifications to the
examination and appropriate auxiliary aids or services for
persons with disabilities to assure that the examination is
selected and administered to best ensure that the examination
results accurately reflect the individual's aptitude or
achievement level. Test sponsors are authorized to request
appropriate documentation related to requests for testing
accommodations, modifications or auxiliary aids.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS : Background . There are numerous test sponsors
conducting testing services in California. While all test
sponsors have established testing accommodations procedures, as
required by the Americans with Disabilities Act, the process for
test subjects to receive formal testing accommodations and the
requirements for verifying disabilities and granting
accommodations varies significantly among test sponsors,
including:
1)Educational Testing Service (ETS), which administers the
Graduate Record Examinations, requires test subjects to submit
requests for accommodations, including current documentation
from a qualified professional supporting each testing
accommodation requested, by the specified registration
deadline. Recognizing the costs associated with obtaining
current documentation, ETS authorizes applicants with
long-standing learning disabilities basic accommodations, such
as time and on-half and rest breaks, without requiring
diagnostic reevaluation.
2)College Board, which administers the Scholastic
Aptitude/Assessment Test, requires accommodation requests to
be approved by College Board's Services for Students with
Disabilities. Documentation must be provided showing that the
student has a disability, that the disability causes a
functional limitation that affects participation in tests, and
that the requested accommodations area appropriate. Students
generally work through their high school disability services
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office to receive accommodations from College Board.
3)The Law School Admissions Council (LSAC), which administers
the LSAT, requires applicants seeking accommodations to first
register to take the examination and then to complete and
submit for review an extensive Accommodations Request Packet.
The Accommodations Request Packet requires, among other items,
copies of accommodations provided for prior related testing
and coursework and an Evaluator Form completed by a qualified
professional verifying the disability and need for
accommodations. LSAC indicates initial responses to requests
for accommodations occur within 14 days of receipt. However,
depending on the nature of the request and documentation
submitted, LSAC indicates the process for approval may take
"substantially longer".
Purpose of this bill . According to the author, unlike other
test sponsors, an LSAT applicant must provide a highly specific
diagnosis and report for LSAC to even consider certain
accommodation requests. The author indicates that LSAC requires
a private diagnosis assessment and report that may cost over
$3,000, a cost that bars low-income individuals from access.
According to the author, this bill is designed to create greater
access for individuals with disabilities taking the LSAT by
requiring, among other provisions, LSAC to provide
accommodations to an individual who has received formal testing
accommodations by a postsecondary institution.
Testing accommodations . This bill would require LSAT test
sponsors to provide accommodations to test subjects who received
formal testing accommodations from a postsecondary educational
institution. According to the author, an individual may have a
well-documented history of accommodations, yet LSAT will only
"consider" prior postsecondary testing accommodations. LSAC
argues that no single factor should be used in determining the
need for an accommodation and that other objective and credible
evidence, in addition to prior academic use of accommodations,
should be evaluated. Noting that a recent study showed
students in private schools four times more likely to receive
accommodations from LSAC, the author argues this policy has
resulted in lack of access for individuals who cannot afford the
required diagnosis and report. Based on information obtained by
committee staff, the process for receiving formal testing
accommodations from a postsecondary institution appears to vary
widely among colleges and universities. If a goal of the author
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is to provide equal access to LSAT accommodations for persons
with disabilities, it is not clear that this provision would
accomplish that goal.
Public, timely process . This bill would require the process for
LSAT test sponsors to determine whether to grant accommodations
to be public and decisions and rationale for decisions made
through this process to be conveyed to the requesting test
subject in a "reasonable amount of time". This bill would also
require the LSAT test sponsor to establish a "timely appeals
process" for a test subject who has been denied an accommodation
request. Committee staff understands the author's intent is
that test subjects have the opportunity to receive a response to
a request for accommodation with time to appeal a denial prior
to the date of the test. The author may wish to amend the bill
to be consistent with that stated intent.
Flagging test scores . This bill would prohibit LSAT test
sponsors from notifying test score recipients if a test subject
received testing accommodations, a practice commonly referred to
as "flagging" a score. According to the author, when extra time
is given as an accommodation, LSAC marks the score report with
an asterisk and sends a letter to all recipient law schools to
notify of the accommodation, noting that there is no way to
determine the comparability of the scores earned under
"nonstandard" and "standard" conditions. The author argues that
LSAC current process of flagging is regarded as highly
stigmatizing and discriminatory by disability rights
organizations. The author notes that ETS agreed to stop the
practice of flagging on all tests effective October 2001, in
response to a discrimination lawsuit. LSAC indicates that test
scores are only "flagged" if extra time is provided as an
accommodation and that evidence demonstrates that standard and
nonstandard-time scores are not comparable. LSAC believes that
it has an obligation to provide accurate score-interpretation
information and that "flagging" test scores that received extra
time is consistent with that obligation.
Applicability to LSAT . This bill would require LSAT test
sponsors to abide by outlined provisions for providing
accommodations to test subjects, but not sponsors of other
postsecondary education related tests, many of whom do not
currently follow all of the provisions outlined in this bill.
According to the author, this bill targets LSAC as the process
for test subjects to request and obtain accommodations when
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taking the LSAT creates significant barriers for persons with
disabilities. If the requirements established by this bill are
the appropriate standards for verifying a disability for testing
accommodations, the author may wish to consider applying these
standards to all test sponsors.
Existing protections . Existing law specifically prohibits
discrimination based on disability and provides the Department
of Fair Housing and Employment (department) powers to
investigate, mediate and prosecute violations. Committee staff
understands the department is currently investigating at least
one discrimination complaint against the LSAC.
REGISTERED SUPPORT / OPPOSITION :
Support
2 individuals
Opposition
Law School Admission Council
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960