Page 1 Higher Education and Disability: Improved Federal Enforcement Needed to Better Protect Students’ Rights to Accommodations Presentation to 2012 AHEAD Conference Attendees Debra Prescott and Anjali Tekchandani

2 Presentation Outline Overview Background Summary of Findings Recommendation

Overview- Why GAO did this study Standardized tests are often required to gain admission into postsecondary schools or to obtain professional certifications. Federal disability laws require entities that administer these tests to provide accommodations, such as extended time or changes in test format, to students with disabilities. Congressional interest in understanding how students with disabilities apply for and receive accommodations on these tests. Page 3

Overview- Research Questions What are the types of accommodations individuals apply for and receive and how do schools assist them? What factors do testing companies consider when making decisions about requests for accommodations? What challenges do individuals and testing companies experience in receiving and granting accommodations? How do federal agencies enforce compliance with relevant disability laws and regulations? Page 4

Overview- Methodology We focused our review on 11 tests offered by 10 testing companies for admission into undergraduate, graduate, and professional programs and to obtain professional certification. We conducted interviews with: Testing companies Disability experts Individuals with disabilities who applied for testing accommodations High Schools and Postsecondary Schools Federal agencies We reviewed: Testing company policies and data Federal complaint and case data for selected testing companies Relevant federal laws and regulations Page 5

Background on Applicable Laws Federal disability laws, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require entities that administer these tests to provide accommodations, such as extended time or changes in test format, to students with disabilities. ADA: Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional or trade purposes must offer them in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements. Rehabilitation Act: Prohibits discrimination against individuals with disabilities by entities receiving federal financial assistance. Page 6

Background on Applicable Laws (cont) In 2008, Congress enacted the ADA Amendments Act (ADAAA) and rejected several Supreme Court interpretations of ADA that had narrowed the definition of an individual with a disability. The ADA Amendments Act set out guidelines for determining who qualifies as an individual with disabilities and provided a non exhaustive list of “major life activities” which includes learning, reading, concentrating, and thinking. Page 7

Background on Applicable Laws (cont) Additionally, at the direction of Congress, the EEOC issued new regulations that stated the term “substantially limits” should be construed broadly in favor of expansive coverage to the maximum extent permitted by law. Justice’s regulation provide that testing entities must offer examinations so as to best ensure that exam results accurately reflect the test takers aptitude rather than his or her disability. Page 8

Additional Time Was the Most Frequently Requested and Granted Accommodation For more detailed information on the data used for this chart, please see Figure 1in our full report (GAO-12-40). Page 9 Finding 1: Accommodations Requested and Granted

Approximately Half of All Accommodations Were for Applicants with Learning Disabilities For more detailed information on the data used for this chart, please see Figure 2 in our full report (GAO-12-40) Page 10 Finding 1: Accommodations Requested and Granted

High Schools and Postsecondary Schools Assist Students Who Apply for Testing Accommodations in a Variety of Ways Counseling students about what accommodations best meet their needs Explaining application requirements Providing resources to obtain evaluations Page 11 Finding 1: School Assistance

Testing Companies Determine Whether Applicants Qualify for Accommodations under the ADA and Whether Requests Are Appropriate Testing companies reported considering a number of factors to determine whether applicants have a disability the entitles them to accommodations: Current disability diagnosis Functional limitations Current documentation How functional ability compares to most people Appropriate accommodations for the test Page 12 Finding 2: Factors Testing Companies Consider

Documenting Need Can Present Challenges to Applicants Applicant Challenges Understanding how testing companies make their decisions Knowing which documentation to provide Meeting some documentation requirements. Page 13 Finding 3: Applicant and Testing Company Challenges

Determining Appropriate Accommodations Can Present Challenges to Testing Companies Testing Company Challenges Ensuring fairness to all test takers Reviewing requests with limited information Reviewing certain applications, such those from gifted students or students with learning disabilities. Meeting requirements to provide accommodations that best ensure applicants’ test results reflect applicants’ aptitudes Page 14 Finding 3: Applicant and Testing Company Challenges

Enforcement of Testing Company Compliance Generally Occurs in Response to Complaints and Involves Multiple Agencies Enforcement of laws and regulations governing testing accommodations primarily occurs in response to citizen complaints that are submitted to federal agencies. Justice has overall responsibility for enforcing Title III of ADA, but other federal agencies have enforcement responsibilities as well for testing companies that receive federal financial assistance. Page 15 Finding 4: Federal Enforcement

Justice Has Clarified ADA Requirements for Testing Accommodations but Lacks a Strategic Approach to Enforcement Justice’s regulations provide the criteria for its enforcement efforts and the agency has taken steps to clarify ADA requirements pertaining to testing accommodations by adding new provisions to regulations. While these may clarify what is required under ADA, we found that Justice is not making full use of available data and other information to target its enforcement activity. Justice was not systematically reviewing its data Justice has not conducted compliance reviews Additionally, Justice has not effectively coordinated with other agencies to inform its enforcement efforts. Page 16 Finding 4: Federal Enforcement

Recommendation We recommended that Justice take steps to develop a strategic approach to target its enforcement efforts related to testing accommodations. For example, the strategic approach could include (1) analyzing its complaint and case data to prioritize enforcement and technical assistance, (2) working with the Secretaries of Education and HHS to develop a formal coordination strategy, and (3) updating technical assistance materials to reflect current requirements. Page 17

To download our full report, please go to and search in the upper right corner for GAO-12-40www.gao.gov Page 18