Q. EXAMINATIONS: Some students with disabilities are provided extended time on examinations. Is this fair to other students?

A. The Rehabilitation Act and the Americans with Disabilities Act (ADA) states: "The results of an examination should accurately reflect an individual's aptitude or achievement level or whatever the test purports to measure, rather than reflecting an individual's impaired sensory, manual, or speaking skills." The courts have held repeatedly that a lengthening of the standard examination period is an appropriate accommodation for some students with disabilities. For example, the Massachusetts Supreme Judicial Court ordered the State Board of Bar Examiners to allow double the standard time on the bar exam for an applicant with Dyslexia and Attention Deficit Disorder. Similarly, the State District Court for the Western District of New York ruled that a State Bar applicant with a visual impairment must be allowed a four-day examination period rather than the standard two-day period.

Q. FAILING: May I fail a student with a disability?

A. Yes. It is possible to fail a student with a disability. The laws mandate access to education, not guaranteed academic success. When a faculty member has provided reasonable academic accommodations, has complied with the law, and the student still does not meet the course requirements, then failing a student is proper and lawful.