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California Association of Private Postsecondary Schools

Law-School Council Sues Calif. in Fight Over Test Time for Disabled Students

01/10/2013

THE CHRONICLE OF HIGHER EDUCATION. JAN 9, 2013. The Law School Admission Council has sued the state of California in an effort to block a new law that bars the group from notifying law schools when disabled test-takers receive extra time to complete the Law School Admission Test, according to The National Law Journal.

Supporters of the legislation say the council’s practice of alerting law schools to those accommodations—known as “flagging”—discriminates against disabled test-takers. That practice is controversial, but the council argues that California’s law is unconstitutional because it does not apply to other testing agencies and violates the group’s free-speech rights.

“LSAC’s practice of identifying scores earned with additional testing time is based on decades of research that consistently has shown that scores earned with this accommodation do not perform their predictive function in the same way that scores earned with standard time constraints do,” the council’s president, Daniel O. Bernstine, said in a written statement cited by the Law Journal.

The law was passed in September and took effect in January, the Law Journal reported. It will apply to scores earned during the LSAT sitting in February.