AMERICANS WITH DISABILITIES ACT


Due to the number of questions we have received concerning examination accommodations that may be allowed under the ADA, the following Frequently Asked Questions & Answers are being provided.  You may also wish to review the Bureau's policy regarding requests for accommodations under the ADA and the Application for Accommodation.


Q. What constitutes a disability under the ADA?

A. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.


Q. Are ADHD and Dyslexia considered disabilities under the ADA?

A. Yes. Both are considered disabilities. In order to obtain accommodations, some evidence of impairment must surface prior to post-secondary education. Documented medical evidence of this historical impairment must be submitted with any request for accommodation.


Q. Will I get accommodation if I have a medical diagnosis of a disability?

A.  Yes & No. A diagnosis alone is not sufficient to determine disability or accommodation.  Past evaluations, testing data, and other medical documentation is required.


Q. What documentation may be required by the State in order to evaluate whether or not to grant accommodation?

A. You will be asked to provide complete documentation of your disability. Such documentation may include report cards, transcripts, testing data, accommodations granted you by other entities, medical evaluations, an explanation of the rational for the specific disability diagnosis, as well as other information.


Q. Who can provide an acceptable disability diagnosis?

A. The diagnosis of a specific disability must be provided by a state regulated medical or mental health practitioner. Accommodation will not be granted based solely on diagnosis documentation from non-regulated persons.


Q. Do I automatically get accommodation if I have received accommodation previously?

A. No. Each entity is responsible to conduct its own investigation into the appropriateness of granting accommodation.


Q. Do I automatically qualify for accommodation if I was previously in a school IEP program?

A. No. While the historical information will be useful in evaluating a request, a specific disability diagnosis from a medical or mental health provider is still required.


Q. Is test anxiety a disability under the ADA?

A. NO. 


Q. If English is my second language, can I receive accommodation under the ADA?

A. No. Accommodation under the ADA will not be granted solely because of a language barrier.  Many exams require that candidates be able to read and write English.

Answers to additional questions may be obtained by visiting the ADA website at http://www.usdoj.gov/crt/ada/adahom1.htm or by calling the ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY)