College Admissions Tests and LD and ADHD Documentation Guidelines: Consistency With Emerging Legal Guidance

Abstract

Test-takers with disabilities access academic accommodations on standardized college admissions tests under the auspices of the Americans With Disabilities Act (ADA; 2008) and Section 504 of the Rehabilitation Act (1973). Also under these laws, testing agencies request documentation to verify a test-taker's disability status and need for accommodations to equally access an examination (Banerjee & Shaw, 2007). Historically, relevant laws, regulations, and guidance have provided little information regarding the content or scope of the documentation allowed to be requested, leading to variability in documentation policies across testing agencies (Banerjee & Shaw, 2007). More recently, technical assistance provided by the U.S. Department of Justice (2015) has provided increased guidance regarding what constitutes sufficient documentation, as well as what might constitute overly burdensome requests. Some of the guidance has been controversial (Lovett, 2014). This has particularly been the case for the documentation of learning disabilities (LDs) and Attention-Deficit/Hyperactivity Disorder (ADHD), hidden disabilities that account for the majority of accommodation requests (U.S. Government Accountability Office [GAO], 2011). Given these developments, the current study sought to (a) investigate LD and ADHD disability documentation guidelines across testing agencies and (b) evaluate the guidelines within the context of the new DOJ technical assistance. Applicable Law The ADA (2008) and its Title III Regulations (2010) prevent discrimination during admissions tests. To be eligible for protections, LD and/or ADHD must represent a mental impairment that substantially limits one or more major life activities relative to most people in the general population. For qualifying test-takers, testing agencies must ensure that examinations are administered in an accessible manner.

Review of Studies on Incremental Validity of Assessment Measures Used in Psychological Assessment of Attention-Deficit Hyperactivity Disorder

“…It could be argued, however, that this method also increases the subjectivity of the assessment procedure due to the lack of a standard test battery. Psychological assessments used for the purpose of determining disability services, for example, could benefit from more stringent guidelines in the assessment process, including the choice of test battery, which are applied to all facilities and clients to increase standardization (Lindstrom & Lindstrom, 2017).…”

Comparing Age- and Grade-Based Norms on the Woodcock–Johnson III Normative Update

“…The most commonly requested accommodation is extra time (Bolt & Thurlow, 2004; Harrison & Wolforth, 2012; Julian, 2005; Keiser, 1998; Kettler, 2012; Lewandowski et al, 2003; Ofiesh, Hughes, & Scott, 2004; Stretch & Osborne, 2005), typically requested due to reported problems with speed of reading or processing information. To obtain such accommodations as an adult, most institutions or testing agencies require assessment data to be recent (i.e., completed in the past 3-5 years) (Gyenes & Siegel, 2014; Lindstrom & Lindstrom, 2017).…”

“…Different postsecondary institutions and testing agencies all have differing requirements for disability documentation and differing methods for determining whether accommodations will be granted (e.g., Gyenes & Siegel, 2014; Lindstrom & Lindstrom, 2017; Madaus, Banerjee, & Hamblet, 2010). Due to what has been termed a documentation disconnect , students previously provided with accommodations in high school due to a nonvisible disability may not possess the specific documentation required for provision of accommodations at their chosen college or when taking high-stakes examinations, thus requiring reevaluation as an adult (e.g., Gyenes & Siegel, 2014; Madaus et al, 2010).…”

ADHD Assessment in College Students: Psychologists’ Adherence to DSM-5 Criteria and Multi-Method/Multi-Informant Assessment

“…The accurate identification of ADHD in postsecondary students is important; classification errors can have significant, real-world consequences for students, classmates, and colleges (Lindstrom & Lindstrom, 2017). False-negative errors limit students' access to efficacious medications and risk discrimination by denying students equal access to higher education.…”