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Candace Cortiella: What types of specific changes might we see with regard to students with learning disabilities?
Jo Anne Simon: Certainly the current proposed ADA regulations indicated examples of people who would be protected by the law, and they indicate that would include somebody who is potentially extremely bright, maybe went to college (even without accommodations) but reads slowly because of a learning impairment. That also is language that appears in the Congressional records in the Congress’ discussion of the law in 2008. But it also appears in a similar form in the draft regulations. I’m assuming that similar language will continue to be in the final regulations.
So I think one change we might see is leading by example. I don’t think the new regulations will have a definition of what “substantial limitation” means. But they will do it by giving examples that people can relate to. Everyday examples like the person with dyslexia who has difficulty with [certain tasks], they’re covered. And everybody says, “Oh that sounds like every dyslexic I’ve ever met.” Okay, they’ve taught by example. And I think that is going to make things a little bit easier for students with learning disabilities, I certainly hope so.
The other thing, though, is that where you have an industry that is not particularly interested in compliance but is fearful about their product (which is the test), you might see some greater wrangling with people about what an accommodation is. We have a rule-of-thumb accommodation, which is time-and-a-half [to take a test]. But many people need more than time-and-a-half. And I’m seeing a retrenching of that and a greater resistance to giving double time. I think that’s a reaction to the law becoming obviously more liberally construed. I hope that that does not continue to be the case, but I’m concerned that there might be some differences in the responses to the request for accommodation.
I also see changes (and this has nothing to do with the law at all) but will be something to deal with under the law, and that is the changes in technology. So many of these tests are now (or will be) given on computer. I believe that the industry has not given as much attention to how putting a test on a computer changes the cognitive impact of that test, i.e., reading on a computer screen as opposed to a [printed] page where students mark up the text. That’s part of what such students do to negotiate the text that they’ve been taught as a compensatory means to deal with their learning disabilities. You can’t do that on a screen. How does that make the student need more time? What about students who can’t fill in those little boxes, but on a computer, that won’t be an issue. So perhaps that will change some things for the better.
So I see technology [improvements] but then there are also the [specific] programs and their use. We’ve seen a few cases of blind students who need voice-activated testing. They need to a way to respond and have that computer-based test made more accessible. That’s something we will be working out in the next few years.
Candace Cortiella: So it seems that it’s critical that we take these regulations with regard to documentation in partnership with the changes made to the fundamental definition of disability that was made by the ADA Amendments Act.
Jo Anne Simon: Yes, they’re sort of hand-in-glove. Part of the documentation requirements’ madness has really revolved around this notion that everybody’s going to send you a letter but they’re not really disabled. Now that the law is saying, “Look, stop arguing. That’s not the point here.” If somebody says that they have a disability and they have a professional who documents that, take it on faith. Hopefully that will make a difference. I’m not sure that’s what’s going to happen in the field but hopes springs eternal as they say.
Candace Cortiella: Yes. I know that this has been a difficult issue for many students with LD, and their parents, who have gone through these burdensome requests with testing people. So we can hope that there will be some improvement. Thank you very much, Ms. Simon, for spending some time with us today. We are grateful for your expertise in this important area and for helping us understand what’s happening and how it should play itself out and what we might look forward to.
This transcription was made possible by a grant from the American Legion Child Welfare Foundation.
