U.S.

Department of Justice

Civil Rights Division

Office of the Assistant Attorney General Washington, D.C. 20035

JUL 26 1996

The Honorable Paul David Wellstone

United States Senator
2550 University Avenue W. #100N
St. Paul, Minnesota 55114

Dear Senator Wellstone:

This is in response to your letter on behalf of your

constituent, XX According to your letter, Mr. XX
claims that his son, XX has been unable to gain admission to
law school because, due to a disability, XX is unable to
achieve a high enough score on the Law School Admissions Test
("LSAT"). You ask what obligations educational institutions have
to make accommodations in their admissions process for students
with disabilities.

Title III of the Americans with Disabilities Act ("ADA")

requires private entities that offer tests such as the LSAT to
offer them in a "place and manner accessible to persons with
disabilities," so that "the examination results accurately
reflect [an individual with a disability's] aptitude or
achievement level or whatever other factor the examination
purports to measure." See 42 U.S.C. S 12189; 28 C.F.R.
S 36.309(a) and (b)(1)(i). This obligation includes a duty to
make reasonable modifications to the way in which an examination
is administered, which may include "changes in the length of time
permitted for completion of the examination or adaptation of the
manner in which the examination is given.: 28 C.F.R.
S 36.309(b)(2). XX may request that the entity
administering the LSAT make appropriate modifications to ensure
that the test will accurately assess his ability.

Law schools that are part of a State university system have

an obligation under title-II of the ADA to make "reasonable
modifications" to their policies, practices, and procedures,
where "necessary to avoid discrimination on the basis of
disability." See 42 U.S.C. S 12132; 28 C.F.R. S 35.130(b)(7).
Private law schools have a similar obligation under title III of
the ADA. See 42 U.S.C. S 12182(b)(2)(A)(ii); 28 C.F.R.
S 36.302(a). This obligation does not require an institution to

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lower its admission or performance standards. Neither title II

nor title III requires modifications that would "fundamentally
alter" the nature of a covered entity's programs. See 28 C.F.R.
S 35.15(b)(7); 42 U.S.C. S 12182(b)(2)(A)(ii); 28 C.F.R. S
36.302(a). Therefore, unless there is evidence that a tester has
failed to administer a test in a manner that complies with the
ADA, the ADA does not require law schools to discontinue the use
of standardized tests in the admissions process.

We hope this information is helpful in responding to your

constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division

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