Sometime during or after October, 2009, a person ("complainant") with a learning disability, Attention Deficit Hyperactivity Disorder (ADHD), and hypertonia (a disability that limits the ability of affected person to move) filed a complaint with the U.S. Department of Justice for the District of Minnesota against the Law School Admissions Council (LSAC) under the Americans with Disabilities Act (ADA) 42 U.S.C. 12189 and its implementing regulations 28 C.F.R. 36.309. The complainant alleged that LSAC twice wrongfully denied his request for reasonable accommodations that would "best ensure" that the LSAT measured whatever it claimed to measure and instead of his disability.

The U.S. Department of Justice investigated the claim and concluded that the LSAC did violate the ADA by denying complainant his request for accommodations that the complainant had received on other standardized tests and pursuant to his Individual Education Plan (IEP).

On September 27, 2011, the U.S. Department of Justice, acting on behalf of complainant, entered into a settlement agreement with LSAC. In exchange for a termination of the complaint, LSAC agreed to grant the complainant his requested accommodations of double the standard allotted time, use of scratch paper, a non-scantron answer sheet, use of his own computer, a separate quiet room, and a ten minute break between each section of the test. Complainant's test will be marked by LSAC when it is submitted to law schools to indicate that he received accommodations on the test pursuant the settlement agreement.

Brian Kempfer - 03/29/2014


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