Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

Law School Admissions Council Sues California to Challenge Test-Flagging Law

Excerpt from: Disability Law (click for full article)

 

The Law School Admission Council has sued the state of California over a new law that bars the organization from alerting law schools when applicants get extra time to complete the Law School Admission Test.

The California Legislature approved the legislation in September, with supporters arguing that the practice—also known as "flagging"—discriminates against disabled test takers who need the extra time. The law took effect on January 1 and will apply to scores earned during the February 9 LSAT sitting.

The council filed suit on January 4 in Sacramento County, Calif., Superior Court, seeking to block its enforcement. The council contends that the law is unconstitutional because it violates its freedom of speech and does not apply to other testing entities. Attorneys for the parties are due in court for a hearing on January 9.

Michigan Court Dismisses Blind Student's Claim Against the ABA

Excerpt from: Case No. 11-12247 (click for full brief)

 

A Michigan Federal Court dismissed a blind student’s claim against the American Bar Association (ABA) alleging that the law school admission test (LSAT) discriminates against visually impaired test-takers. The judge reasoned that plaintiff lacked standing to sue because he failed to trace his injury to the ABA’s law school accreditation standards, since these do not “specifically direct” law schools to use the LSAT, but rather only mandate the use of a “valid and reliable” exam.  And, even if plaintiff had standing, he failed to show that the ABA “offers” the LSAT as required to fall under the Americans with Disabilities Act. Binno v. American Bar Ass’n, No. 11-12247 (E.D. Mich. Sept. 30, 2012).