ADA: Let Us Show You What Works Fae Mellichamp Senior Psychometrician, PTI Shelby Keiser President,

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ADA Let Us Show You What WorksFae
Mellichamp Senior Psychometrician, PTIShelby
KeiserPresident, Keiser ConsultingRina
SjolundAsst. Vice President, ACT

• Presented at the 2004 CLEAR Annual Conference
• September 30 October 2 Kansas City,
  Missouri

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Overview

• Revised Edition of CLEARs document ADA
  Information for Credentialing Examinations
• ADA vs. IDEA
• Identifying Functional Limitations
• ADA vs. Courtesy Accommodations
• Making Accommodations Fit
• Abuses of ADA
• Example Cases

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The Americans with Disabilities Act
Information for Credentialing ExaminationsRevise
d Edition February 2004

• Updated references to the Standards for
  Educational and Psychological Testing (1999)
• Expanded overview of best practices
• Broader discussion of documentation
• What to tell applicants
• What to look for
• Case studies

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The Americans with Disabilities Act
Information for Credentialing ExaminationsRevise
d Edition February 2004

• Expanded and more current bibliography
• New case law
• Agency decisions and settlements
• More references and resources
• Added appendices
• The American with Disabilities Act of 1990,
  Section 309
• DOJ, ADA Title III Regulations
• DOJ, ADA Title III Technical Assistance Manual
• EEOC Regulations
• USMLE Guidelines for Documenting Disabilities

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ADA vs. IDEA

• Requirements in the Law
• Definition of Disability
• Who is Covered
• Services Provided
• Evaluation/Documentation
• IEP vs. Accommodations

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Identifying Functional Limitations

• Substantial impairment of vision, hearing,
  mobility, speech, learning, etc. which interferes
  with normal behavior.
• Average person standard (Gonzales v. NBME - 6th
  Circuit)
• Bartlett v. NY State Board of Law Examiners 2nd
  Circuit
• Medication (Sutton)

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Typical Case

• Reading Disorder sometimes w/ ADHD anxiety
• Most have no childhood diagnosis or documentation
• Most use subjective criteria
• Most say they work harder than everyone else
• Most say they read slowly need to reread
• Most say assignments take them longer
• Most have been academically successful
• Most have had accommodations on SAT and/or GRE,
  LSAT, MCAT, etc.

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Typical Evaluation

• Brief background sketch
• Interview w/ examinee who reports symptoms
• Testing IQ, Cognitive, Achievement, Nelson
  Denny Reading Test

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Typical Results

• Above average IQ
• Average or better achievement
• Possible score discrepancy between IQ-Achievement
• Usually low NDRT Rate and Comprehension

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Typical Conclusions

• Evaluator almost always makes a diagnosis
• Almost all recommend extended time
• Usually no link between findings and recommended
  accommodations
• Usually no identification of substantial
  limitation in current functioning (major life
  activity)

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ADA vs. Courtesy Accommodations

• People sometimes request accommodations for
  situations that are not considered to be
  disabilities under ADA
• Examples include pregnancy, temporary physical
  impairments, English as 2nd language, diabetes
• Agencies may decide to grant an accommodation,
  such as seating near the restroom, a stool to
  support a broken leg, translation dictionary,
  snacks

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ADA vs. Courtesy Accommodations

• Agencies need to decide whether they will
  strictly adhere to ADA does the person have a
  substantial limitation in one or more major life
  activities when compared to average people?
• Critical to be consistent in granting (or not
  granting) courtesy accommodations
• Each Agency should establish a policy regarding
  courtesy accommodations

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One Size Does Not Fit All

• The accommodation should match the documented
  need
• The accommodation is intended to reduce or
  eliminate the impact of the disability when
  taking THIS standardized test.

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One Size Does Not Fit All

• What does the documentation tell you?
• Physical Impairments
• Cognitive impairments
• Is the evaluator qualified to recommend the
  accommodation?

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Abuses of the ADA

• Some candidates may attempt to use the ADA in
  order to gain an advantage over other candidates
• This is most likely in cases where obtaining
  extended time could result in improved
  performance
• Examples include open book examinations and
  speeded examinations (as opposed to power tests)
• Taking the exam in a private room could benefit
  any candidate regardless of test type

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Abuses of the ADA

• Some abuses are accidental
• Agencies may be tempted to grant accommodations
  in order to avoid the difficult task of saying no
• Fear of litigation is a factor, agency is less
  likely to be sued if they say yes
• Workload associated with properly processing
  requests may be a factor
• Tendency to take the easiest route instead of
  doing the right thing

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Example Case

• FL Construction Industry Licensure Examinations
  are open book, long exam, about half the
  candidates fail
• FL experienced an increase in requests for
  accommodations for learning disabilities
• Candidates were requesting extra time
• Many provided documentation from the same
  psychologist, most were from S FL and were found
  to have attended the same exam prep school
• The psychologist was selling LD diagnoses to
  construction candidates

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Example Case

• Applicant requested zero distraction test site
• Given individual room but complained about
  outside noise
• Offered sound-proof booth used for media
  production but rejected
• What is functional limitation that necessitates
  zero distraction? Documentation?
• Offer of reasonable accommodation
• Burden on applicant

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Example Case

• Applicant first diagnosed with ADHD while in law
  school. Graduated from a Big 12 university with
  2.9 GPA.
• Aptitude assessment average general ability
  with high average verbal comprehension and
  expression, low average non-verbal reasoning.
• Self report of learning study skill
  demonstrated low motivation to maintain study
  activities.
• No standardized behavior rating scales reported,
  no documentation submitted of prior history
  except mothers report.
• Requesting double-time for a non-speeded test.

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Fae Mellichamp

• Professional Testing, Inc.
• 1705 Metropolitan Blvd. Ste. 102 Tallahassee,
  FL 32308
• 850-386-4444, fax [phone]
• fmellichamp_at_proftesting.com
• www.proftesting.com

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Shelby Keiser

• Keiser Consulting
• 1355 W. Indian Creek Dr.
• Wynnewood, PA 19096
• [phone] fax [phone]
• skeiser_at_keiserconsulting.com
• www.keiserconsulting.com

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Rina Sjolund

• ACT, Inc.
• 101 ACT Drive
• PO Box 168
• Iowa City, IA 52243
• [phone], fax [phone]
• rina.sjolund_at_act.org
• www.act.org