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Guidelines for Advising Pre Law Students with Disabilities PACIFIC COAST ASSOCIATION OF PRE LAW ADVISORS (PCAPLA) CONFERENCE, BAY CLUB HOTEL AND MARINA, SAN DIEGO, FEBRUARY 3-4, 2006 Kathy Wright, Stanford University
As the number of students who apply to law school with an identified disability increases each year, it is important that pre law advisors understand the issues related to advising them. What are the questions we should be prepared to answer? Who are our partners on campus and off who can assist a student with disabilities who is considering law school? What accommodations are available for students with disabilities and what are the rights and obligations of these students? This document is a compendium of advice received from law students with disabilities, pre law advisors, law school staff, Law School Admission Council staff, and other interested parties in preparation for the panel “Advising Pre Law Students with Disabilities” at the 2006 PCAPLA conference in San Diego. Hoping to make this issue more visible, we offer the fruits of our conference discussion, and we are eager to share what we’ve learned. Many people contributed to the guidelines, and acknowledgement is noted below, but additional thanks are offered to everyone who emailed about their own circumstances and to everyone who responded to our call for advice and information. The author, a pre law advisor at Stanford University, has compiled the guidelines and is solely responsible for the content Please also see attached companion article:
1. Advise the individual, not the disability. Students with disabilities are equal to students who are not disabled: equally intelligent, equally ambitious, equally interesting, and equally capable. Students remark that, especially when the disability is obvious, well-meaning people may feel uncomfortable in working with them. They request that advisors communicate with them as directly as they would any other student. If you have a question about how you can address the student’s needs, ask the student directly. 2. Before meeting with a student read through the LSAC information regarding accommodations for the LSAT. The required documentation and the process is daunting and discouraging, especially if the student does not begin the process well before deadlines. It is helpful to the student if the advisor prints out the entire set of application forms (found on the LSAC.org web site) and offers to review them with the student. Resources: The current LSAT & LSDAS
Information Book. “The LSAC accommodation relies heavily on a
formal, written process. Also see: Advising Students with
Disabilities
3. Encourage students with disabilities to begin preparing for the application to law school and the LSAT one year in advance. The process of requesting accommodations, including required tests and documentation (which must be reported on LSAC), is time consuming and costly. Deadlines are inflexible and late registration may not be allowed. Many disabled law students suggest that applicants begin this process a year in advance of the application. Likewise, a student is well advised to begin studying for the LSAT, and taking practice tests in realistic, timed environments, well in advance of the test date.
From the Northeastern Illinois Pre Law Web Site. Roger Gilman, Associate Dean, College of Arts and Sciences, the Advisory Committee members; and acknowledgement of contributions from Kathy Uradnik, Associate Professor and Chair of the Department of Political Science at St. Cloud State University in St. Cloud, Minnesota, Pre Law Advisor:
“If you are a disabled test-taker, please read and consider the following suggestions: · Insist on your accommodations. · Submit your LSAT registration documents, including your request for accommodations, WELL IN ADVANCE of the deadlines. · Be prepared to documents your disability with CURRENT information. · In general, however, you need to demonstrate at least that you (a) have a disability; that has been (b) recently documented by an appropriate medical doctor/equivalent; and that your disability is (c) linked directly to the accommodations you seek.”
To view the complete set of suggestions, go to: http://www.neiu.edu/~casdept/pre-law/files/disabled.html
4. Learn from those who have gone before. Develop a contact list of law students with disabilities who are willing to discuss the reality of applying to law school, attending law school, and practicing the profession. Begin with your own alumnae/i, and also ask the prospective students to contact law schools and ask for the opportunity to email or talk with current law students with disabilities to whom they can direct their specific questions. Law students are incredibly busy, yet many are also amazingly generous with their time when asked to help. Keep a list of law students who are willing to be contacted, or ask law school staff for contact information. It would be helpful to have an article written by or about law professors and lawyers with disabilities on how they succeeded in the field: http://www.abanet.org/genpractice/newlawyer/sept05/labarre.html http://www.abanet.org/lsd/stulawyer/apr02/disabled.html
5. Develop an accurate description of the first year challenges for disabled law students generally, and a list of accommodations that alleviate the challenges for disabled students. Students may not be aware of accommodations that are available. Admitted students must contact law school administrators as early as possible after admission, regarding available accommodations. Each student must be prepared to discuss the specific accommodations she/he seeks upon admission.
Professor Kevin H. Smith, J.D., Ph.D., Thomas B. Preston Professor of Law, Cecil C. Humphreys School of Law, The University of Memphis Memphis, Tennessee, has written an extensive article regarding the issues surrounding law students with disabilities. (See: http://academic.udayton.edu/legaled/online/students/studen08.htm)
“A. What Accommodations are Made for Disabled Students? Disabled law students currently are granted a wide variety of accommodations. The relevant statutory and regulatory schemes do not define what constitutes a permissible accommodation. The lack of specificity undoubtedly results from Congress' recognition of the diverse nature of disabilities and the many situations in which a disabled student might require an accommodation. In practice, accommodations are as varied as the types, combinations, and levels of disabilities which give rise to them. Professor Stone's survey indicated that "[w]hen a disabled student sought a reasonable accommodation by reason of a disability, ... the primary request was for additional time in completing the course examination," followed in descending order of frequency by requests for a separate exam room, extra rest time during the exam, provision of a computer or other equipment, extension for written assignments, enlarged print sizes, an unexplained category named "other," a modification in exam format ("from essay exam to either multiple choice or short answer questions"), or a waiver of course assignment. Professor Stone's empirical study and my anecdote-driven non-scientific survey, indicate that requests for accommodation are almost always granted. Common, and relatively non-controversial law school-related accommodations include: (1) relocating classes to more accessible rooms; (2) relocating classes to first- floor rooms which provide easier escape in the event of a fire, severe weather, or earthquake; (3) providing priority registration or rescheduling classes to assist with logistical and medical needs; (4) providing a signer for the hearing impaired; (5) providing a note taker or a copy of notes taken by classmates; (6) allowing classes to be tape recorded; (7) providing a scribe or voice-recognition word processing program; (8) providing tutors or an academic support program; (9) providing an exemption from being called on in class or from participating fully in moot court arguments; (10) providing exam modifications such as rest breaks, extra time to complete tests, a quiet or private room, a scribe or the ability to type a final exam; (11) providing the visually impaired with course materials and exams in large-type format; (12) making minor alterations in classroom presentation style; (13) providing extra time for writing assignments and law review or moot court write-on competitions; and (14) providing recorded casebooks and course materials or providing a reader. More controversial and, therefore, less common accommodations raise the specter of altering essential course or curricular requirements. Accommodations of this type include: (1) altering the format of an examination; (2) permitting the use of an editor or proofreader on exams or writing assignments; (3) permitting the use of a spellchecker program for examinations which are typed using a computer word processing program; (4) altering course requirements; (5) permitting a disabled student to miss more than allotted number of classes; (6) providing a reduced course load, particularly during the first year or when a student with a writing problem has writing assignments such as an independent research paper;(7) extending the time within which to graduate; or (8) permitting examinations to be taken at home.” The article is located on the University of Dayton School of Law website developed by Professor Vernellia Randal, Professor of Law and Director, Academic Excellence Program, University of Dayton School of Law.
Excerpted from: Kevin H. Smith, Disabilities, Law Schools, and Law Students: a Proactive and Holistic Approach, Akron Law Review 1-106, 64-78 (1999) (261 Footnotes)
6. Work with your campus and law school disabilities resource partners. These are the experts who interpret the resources available at the particular school, and who are typically prepared to meet with and assist the individual admitted student. Many undergraduates have established ties with the undergraduate campus Disability Resource (DR) staff. It is important to discuss the individual advisee’s experiences with DR staff and address questions and concerns. Law School DR partners range from reactive to extremely proactive, but all are interested in assisting disabled students. Connecting with the law school DR staff is vital to the success of a disabled law student. Coach the student, where needed, about realistic expectations and the importance of enlisting partners and decision makers.
7. Visit law schools in which the student is interested. The student is advised to contact the school ahead of a visit, informing them of the need for accommodations, if that is the case; and that he/she would like to visit a class, speak with current students, and meet with the staff member assigned to work with students with disabilities. For students with mobility or vision disabilities, it is important to understand the physical features of the law school environment. If the student cannot visit, suggest that he/she arrange telephone calls with the campus individual assigned to serving students with disabilities. Encourage your advisee to list her/his particular needs and expectations regarding accommodation. This will help the applicant assess the specific facility and organize the request for accommodations.
8. Discuss the option of part-time enrollment. The first year in law school is an extraordinarily challenging enterprise. Part-time enrollment offers the opportunity to adjust to the demands of law school, the new physical environment, and to adjust to accommodations.
9. Be prepared to help an advisee with the decision to disclose the disability. Many students have undisclosed disabilities, and believe that law schools discriminate against students with disabilities. Some students believe that there are quotas for students with specific disabilities. In contrast, law schools urge students to disclose. The students look to their undergraduate pre law advisor for informed discussion regarding this decision. Each case is unique; but it appears that disclosure often is in the best interest of the student because it positions him/her to receive the accommodation needed. It also provides the law school with the context within which to place a LSAT score or other evidence used to make a decision regarding the application.
For example, the University of Michigan Law School encourages disclosure on the website “University of Michigan Law School FAQ: http://www.law.umich.edu/prospectivestudents/Admissions/faq.htm
10. Develop a resource list to inform pre law advisor and pre law students with disabilities about helpful web sites, articles, and organizations. A very elementary list:
ABA Commission on Mental and Physical Disability Law- Mentoring Program for Law Students http://www.abanet.org/disability/MentorProgram1.html
ABA Mental & Physical Disability Law Reporter http://www.abanet.org/disability/reporter/home.html
Additional LSAT Advice for Disabled Students http://www.neiu.edu/~casdept/pre-law/files/disabled.html Northeast Illinois University pre law site offers advice to disabled students regarding accommodation and preparing for the LSAT.
AHEAD.org Professional organization for disabled students.
American Disabilities Act Government Home Page http://www.usdoj.gov/crt/ada/infoline.htm
The U.S. Department of Justice provides information about the
Americans with Disabilities Act (ADA) through a toll-free ADA
Information Line. This service permits businesses, State and local
governments, or others to call and ask questions about general or
specific ADA requirements including questions about the ADA
Standards for Accessible Design. 800 - 514 - 0301
(voice)
Article on Law Students with Disabilities Issues Excellent and comprehensive article by Professor Kevin H. Smith, located on the University of Dayton School of Law web site: “On Line Academic Assistance for Law Students” by Professor Vernellia Randall Professor of Law and Director, Academic Excellence Program, University of Dayton School of Law
Professor Kevin H. Smith, Cecil C. Humphreys School of Law, The University of Memphis: Kevin H. Smith, Disabilities, Law Schools and Law Students, a Proactive and Holistic Approach, Akron Law Review 1-106, 64-78 (1991) (261 footnotes): Professor Kevin Smith contact info: ksmith@memphis.edu
A Proactive and Holistic Approach: http://academic.udayton.edu/legaled/online/students/idstud04.htm
Physical/Mental Impairments and Law School http://academic.udayton.edu/legaled/online/students/studen11.htm
Documenting a Disability: http://academic.udayton.edu/legaled/online/students/ldstud01.htm
The Unidentified Learning Disabled Student: http://academic.udayton.edu/legaled/online/students/ldstud02.htm
Accommodating the Learning Disabled Student: http://academic.udayton.edu/legaled/online/students/ldstud02.htm
The Current Concept of Accommodation: http://academic.udayton.edu/legaled/online/students/studen12.htm
Blindlaw A listserv for blind students. To join you can either go to: http://www.nfbnet.org/mailman/listinfo/blindlaw or send e-mail to blindlaw-request@nfbnet.org and put the word subscribe in the subject line. People help other locate accessible materials, prepare for test accommodations, and lots of other things. The list is sponsored by the National Association of Blind Lawyers, a division of the National Federation of the Blind. Their web site is:
Californians for Disability Rights http://www.disabilityrights-cdr.org/
University of California Law School, Boalt Hall https://dsp.berkeley.edu/sbin/dspACCESS.php?_page=home Boalt web site for law students with disabilities is exemplary and informative.
“Challenges to Employment and the Practice of Law Continue to Face Attorneys with Disabilities” by the California Attorneys with Disabilities http://calbar.ca.gov/calbar/pdfs/reports/2004_Attorneys-with-Disabilities-Report-Exec-Sum.pdf
Disability Rights Center
Guide to the Disabilities Rights Laws http://www.usdoj.gov/crt/ada/cguide.htm
LSAC Accommodations Information for Disabled Students Essential details on accommodations for the LSAT, including forms and instructions regarding requests for accommodations.
National Disabled Students Union http://www.disabledstudents.org/ Started by Sarah Triano NDSU is a national, cross-disability, student organization dedicated to social justice for all. Their mission is to mobilize and organize students with disabilities throughout the nation in order to continue the legacy of empowerment and community that is “our heritage.”
National Federation of the Blind
“Navigating Law School and Beyond: A Practical Guide For Students with Disabilities” From Reach Canada, Equality and Justice for People with Disabilities. http://www.reach.ca/images/Navigating_Law_School.pdf
“Steering Through Law School – Tips from Law Students and Lawyers Who Have Disabilities” From Reach Canada, Equality and Justice for People with Disabilities. http://www.reach.ca/lepof/chapter_2.htm
Western Law Center for Disability Rights http://wlcdr.abstraktdesigns.com/)
ACKNOWLEDGEMENTS:
PCAPLA is grateful to the deans, faculty, and staff of California Western School of Law and Thomas Jefferson School of Law for their generous support of the 2006 PCAPLA conference.
Special thanks to panelists who led our
discussion “Advising Disabled Pre Law Students” at the PCAPLA
Conference, February 2006, San Diego: Dria Fearn, 2L from
the University of California, Hastings College of the Law in San
Francisco; Lisa Ferreira, Director of Student Services,
Thomas Jefferson School of Law; M. Elizabeth (Beth) Kransberger,
Assistant Dean for Admissions and Financial Aid, Thomas Jefferson
School of Law. Also, thanks to Linda North Dews,
Assistant Dean for Student and
Diversity Services,
California Western School of Law,
and NALP representative, for her conference presentation,
IMPACT and Disability: How the Legal Profession is Receiving
Disabled Attorneys. Grateful acknowledgement to Stephanie Enyart, a Stanford alumna and 1L at UCLA, who generously shared both her experiences in applying to law school, and her many connections and resources on disability rights with me. Thanks for advice and suggestions from all the people who shared their experiences and insights, and particularly: David Andrews, Minnesota State Agency for the Blind; Shannon Burns, Lewis & Clark Law School; Delphine L. Byrd, University of Michigan Law School Admissions Office; Diane Curtis, Esq., University of Massachusetts, Amherst.; Deborah Fathree, Oklahoma City University School of Law; Michael O. Hansen, J.D., University of St. Thomas School of Law; Katie Kostka; Terri Jones Ragged Edge Magazine Online; Richard L. Ludwick, Albany Law School; Sue Lunbeck, University of California Hastings College of the Law; Anne Peterson, Stanford University; Professor Vernellia R. Randall, Dayton College of Law; Doug Rush, Saint Louis University School of Law; Professor Kevin H. Smith, Cecil C. Humphreys School of Law, University of Memphis; Brett Steele, UCLA law student; Edward Tom, University of California Berkeley School of Law (Boalt Hall); Leslie H. Townsend, Stanford University.
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