Extra Time Is A Virtue: How Standardized Testing Accommodations After College Throw Students with Disabilities Under the Bus

Abstract

This Article explores the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and how these key pieces of legislation interact with high-stakes, standardized testing in postgraduate education, beginning with how the Americans with Disabilities Act and Section 504 of the Rehabilitation Act utilize the Individuals with Disabilities Education Act as a guideline and a supplement to help students with disabilities of all ages. The Article further explains the de-escalation of annotated standardized test scores (known as “flagging”) across all educational levels, and provides a critical view of Department of Fair Employment and Housing v. Law School Admissions Council, Inc., which is the largest disability discrimination settlement pertaining to high-stakes standardized testing.