Appropriate Testing Accommodations for Blind Test-Takers: High Stakes Examinations

摘要

Over time, courts have denied individuals with disabilities certain requested accommodations related to admissions tests for entry into their chosen profession. In particular, blind and otherwise visually impaired individuals frequently face opposition when requesting the use of screen reading software when taking examinations for entry into the legal profession. This article outlines the emergence and application of a new legal standard, the “best ensures” standard. While application of this standard is still being developed in court, a correct application of the standard, involving an individualized inquiry, will enable the blind individual to be tested at a level equal to his or her peers, with the results of the examination accurately reflecting the individual’s aptitude. This new standard represents an improvement that courts should continue to apply.