Disability Discrimination With The LSAT? Need For Accommodation.

Before a recent law change, when extra time was given to subjects with cognitive or physical disabilities who take the Law School Admissions Test [LSAT], the person’s score was identified and a letter sent to law schools notifying that an accommodation was granted and advising that the score should be interpreted with great sensitivity. In 2013, Education Code section 99161.5 became effective, which states in part: “The test sponsor of the [LSAT] shall not notify a test score recipient that the score of any test subject was obtained by a subject who received an accommodation pursuant to this section.” The Law School Admission Council [LSAC], sponsor of the LSAT, challenged the constitutionality of section 99161.5, and the trial court granted a preliminary injunction ordering the State of California to refrain from enforcing the law because it violated the equal protection clause of the California Constitution. The appellate court reversed, stating: “Section 99161.5 does not violate LSAC’s right to equal protection under the law because LSAC is not similarly situated to other testing entities for purposes of the law. . . Accordingly, it was an abuse of the trial court’s discretion to issue the preliminary injunction.” (Law School Admission Council, Inc. v. State of California (Cal. App. Third Dist.; January 13, 2014) (As mod. February 11, 2014) 222 Cal.App.4th 1265, [166 Cal.Rptr.3d 647].)