U.S.

Department of Justice

Civil Rights Division

Disability Rights Section

P.O. Box 66738
Washington, DC 20035-6738

APR 22 1998

XXX
XXX
McMinnville, Oregon 97128

Dear Dr. XXX :

Senator Ron Wyden has asked me to respond to your letter to

him regarding the Americans with Disabilities Act of 1990 (ADA).
You expressed concern because some licensure boards, including
the National Board of Medical Examiners (NBME), have permitted
applicants who have learning disabilities to have additional time
in which to complete their licensing examinations.

The ADA is a comprehensive civil rights law that prohibits

discrimination on the basis of disability in employment,
transportation, public services, public accommodations, and in
the operation of certain licensing and certification
organizations. The term "disability" is defined by the ADA as a
"physical or mental impairment that substantially limits one or
more of the major life activities of such individual." 42 U.S.C.
S 12102 (2) (A). "Specific learning disabilities" are included
within the definition of the phrase "physical or mental
impairment." 28 C.F.R. S 36.104.

In enacting the ADA, Congress made specific findings that

"society has tended to isolate and segregate individuals with
disabilities, and, despite some improvements, such forms of
discrimination against individuals with disabilities continue to
be a serious and pervasive social problem . . . that persists in
such critical areas as employment [and] ... education ...." (42
U.S.C. S 12101) Congress further found that:

CC: RECORDS; CHRONO; WODATCH; BLIZARD; MCDOWNEY; FOIA

E/GCONCEPC/MYFILES/WYDEN.WPD
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individuals with disabilities continually encounter various

forms of discrimination, including . . . failure to make
modifications to existing facilities and practices,
exclusionary qualification standards and criteria,
segregation, and relegation to lesser services, programs,
activities, benefits, jobs, or other opportunities [emphasis
added].

There is no doubt that Congress intended that entities such

as the NBME to be subject to the ADA's nondiscrimination
requirements. Section 309 of the ADA expressly provides that
"[a]ny person that offers examinations or courses related to
applications, licensing, certification, or credentialing for
secondary or postsecondary education, professional, or trade
purposes shall offer such examinations or courses in a place and
manner accessible to persons with disabilities or offer
alternative accessible arrangements for such individuals." 42
U.S.C. S 12189. The regulations implementing the ADA authorize
testing entities such as the NBME to modify the amount of time
provided to complete an examination in appropriate cases to
accommodate persons with disabilities so as to ensure that the
examination results accurately reflect the individual's aptitude
or achievement level or whatever other factor the examination
purports to measure, rather than reflecting the individual's
impairment or disability. 28 C.F.R. SS 36.309 (b) (1) (i) and
(b) (2).

I hope this information clarifies the provisions of the ADA

concerning testing accommodations for people with learning
disabilities.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section

cc: The Honorable Ron Wyden