GAO Report Addresses Access to Standardized Testing Accommodations in Higher Education

Standardized tests are often required to gain admission into postsecondary schools or to obtain professional certifications. Federal disability laws, such as the Americans with Disabilities Act (ADA), require entities that administer these tests to provide accommodations to students with disabilities - like extended time or changes in test format.  In recent years, however, some have questioned whether administration of these tests is fully compliant with the requirements of the Americans with Disabilities Act (ADA).

Thus, at the request of Representatives George Miller, Pete Stark and Cathy McMorris Rodgers the Government Accountability Office (GAO) recently issued a report that examined (1) the types of accommodations individuals apply for and receive and how schools assist them, (2) factors testing companies consider when making decisions about requests for accommodations, (3) challenges individuals and testing companies experience in receiving and granting accommodations, and (4) how federal agencies enforce compliance with relevant disability laws and regulations. To conduct this work, GAO interviewed disability experts; individuals with disabilities; officials from high schools, postsecondary schools, testing companies; and officials from the Departments of Justice (Justice), Education, and Health and Human Services (HHS).

GAO found that federal enforcement of laws and regulations governing testing accommodations is largely complaint-driven and involves multiple agencies. While Justice has overall responsibility for enforcing compliance under the ADA, the Department of Education and HHS have enforcement responsibilities under the Rehabilitation Act over testing companies that receive federal financial assistance from them. GAO determined that the Department of Education and HHS both investigated all eligible complaints, but that Justice failed to make determinations on complaints, due to the large volume it receives. Thus, the GAO determined that Justice lacks a strategic approach to targeting enforcement. Specifically, the GAO found that Justice has not fully utilized complaint data--either its own or that of other agencies--to inform its efforts.

As a result, GAO recommends that Justice take steps to develop a strategic approach to enforcing the ADA such as analyzing its data and updating its technical assistance manual.  Importantly, Justice agreed. 

The full report – entitled - Higher Education and Disability: Improved Federal Enforcement Needed to Better Protect Students' Rights to Testing Accommodations (Report to Congressional Requesters AO-12-40 United States Government Accountability Office) can be found here.

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