Exams and Courses

 Testing entities must:

• Offer exams and courses in a location and manner that is accessible to persons with disabilities, or offer alternative accessible arrangements.
• Administer examinations so that the results accurately reflect the individual’s aptitude or achievement level, not the impairment.

The revised regulations affect three areas in particular:

1. Requests for Documentation Must Be “Reasonable and Limited”

• Requests for proof of disability must be limited to the information necessary to show that the applicant needs the modification, accommodation, or auxiliary aid or service requested.
• Documentation must come from a qualified professional who has assessed the applicant and explained the need for the accommodation.
• The type of documentation needed will depend on the nature of the disability and the accommodation requested. Examples of documentation include a recommendation from a qualified professional, a psycho-educational evaluation, a history of a diagnosis, participation in a Special Education program, or a prior accommodation from another standardized testing agency.
• A “qualified professional” is a person who has a license or other credential in the relevant area of expertise. Examples include a doctor; psychologist; nurse; physical, occupational or speech therapist; vocational rehabilitation specialist; school counselor; or licensed mental health professional.
• The qualified professional must evaluate the applicant in person, not just review documents about the applicant.

2. Prior Modifications Received in Similar Situations

• The following documents also can be used as evidence that accommodation is needed:
  • Documentation of past modifications received in similar testing situations.
  • Documentation of modifications that were provided in response to an Individualized Education Plan (IEP) or a Section 504 Plan.

3. Response to Requests for Modifications Must be Timely

Testing entities must respond to requests for accommodations in a timely manner so that persons with disabilities have the same level of opportunity and access as persons without disabilities.