Paul L. Caron

Saturday, March 10, 2018

Court Holds LSAC In Contempt, Extends Consent Degree For Two Years

LSAC (2018)National Law Journal, LSAT-Maker Held In Contempt Over Disability Accommodations:

The Law School Admission Council violated court-ordered rules meant to help disabled test takers gain accommodations on the Law School Admission Test, ruled a federal judge who held the organization in civil contempt.

Judge Joseph Spero in the U.S. District Court for the Northern District of California did not hold back, in a ruling handed down Monday, about what he saw as the council’s efforts to circumvent procedures agreed to under a 2014 consent decree the test administrator reached with the U.S. Department of Justice and the California Department of Fair Employment and Housing.

“[The council] deprived certain candidates of their automatic right to accommodations previously granted on comparable tests by improperly imposing substantive conditions on the candidate’s ability to accept those accommodations, and denied those candidates and others the right to the procedural safeguards established by the Panel for requests not based on such past accommodations,” Spero wrote in a 53-page opinion.

Spero also identified problems with the council’s reporting and record keeping, as well as its compliance with rules concerning the  plaintiffs’ access to accommodation request records.

Spero ordered the consent decree, which was set to expire in May after four years, to be extended an additional two years through 2020. He also ordered that the independent monitor appointed under the decree conduct two additional audits of the council’s accommodation requests records. Additionally, he awarded California fees and costs.

ABA Journal, Council That Administers the LSAT Is Held in Contempt; ADA Consent Decree Is Extended

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