Wednesday, May 21, 2014
This week, the Justice Department filed a landmark consent decree to settle claims that the Law School Admission Council (LSAC) practices violated the Americans with Disabilities Act (ADA). Many of us work with students who may have been affected by LSAC’s “flagging” practice, which identifies applicants who received extra time on the LSAT. This decision not only helps to remedy past discrimination, but also helps ensure that applicants with disabilities are protected in the future. This excerpt taken from the Department of Justice webpage lists the details of the agreement.
Under the consent decree, LSAC has agreed to:
- put a permanent end to the practice of flagging the LSAT score reports of individuals with disabilities who take the LSAT with the common testing accommodation of extended time;
- pay $7.73 million to be allocated for a civil penalty, compensation to individuals named in the United States’ and other plaintiffs’ complaints, and a nationwide victims’ compensation fund;
- streamline its evaluation of requests for testing accommodations by automatically granting most testing accommodations that a candidate can show s/he has previously received for a standardized exam related to post-secondary admissions (such as the SAT, ACT or GED, among others); and
- implement additional best practices for reviewing and evaluating testing accommodation requests as recommended by a panel of experts (to be created by the parties).