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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).
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| 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. . .
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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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