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The Unidentified Learning Disabled Law Student

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M. Kay Runyan and Joseph F. Smith, 
Identifying and Accommodating Learning Disabled Law School Students,
41 J. Legal Educ. 317, 323 (1991) (citations omitted).
 


It is possible for a student with a learning disability to be unaware of the handicap. In fact, individuals have graduated from law school with undiagnosed learning disabilities. Law students who are older adults making career changes will often have attended primary and secondary school when there were no systematic efforts to identify learning disabilities. Although instances will probably decrease because the Individuals With Disabilities Education Act mandates efforts to identify and assist students with learning disabilities, there is no guarantee these efforts will identify every learning disabled individual.

It is not unusual for students to be identified as having learning disabilities after they enter a professional school. These students are generally very bright and possibly gifted. They have learned to compensate for and mask their disabilities. Their ability to compensate may diminish with the pace and demands of professional school, and their undiagnosed learning disabilities might then impede their academic progress. The underlying problem may be diagnosed only after students face academic probation or dismissal. . . . 

Although it appears that the law school would not be in violation of Section 504 for failing to accommodate the unidentified learning disabled student, the question remains whether the law school should make some accommodation when a student is diagnosed as learning disabled after experiencing academic difficulties.. . .

 
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