M. Kay Runyan and Joseph F. Smith, 
Identifying and Accommodating Learning Disabled Law School Students,
41 J. Legal Educ. 317, 327-334   (1991) (citations omitted).
 

Just as there is no such thing as a "typical" law student, there is no such thing as a typical learning disabled student. Learning disabilities affect individuals in a variety of ways, depending on the severity and the nature of the disability. Therefore, a particular accommodation may not necessarily be appropriate for all students with a specific learning--or other--disability. For example, visually impaired students may or may not want to tape classes. Case-by-case evaluations should be made to determine appropriate academic adjustments and accommodations.  [Specific Accomodations include: Test Modifications, Program and Course Modifications, Academic Support Services, Placement  and Bar Examination.]

1. Test Modifications

The regulations implementing Section 504 require that reasonable accommodations must be provided for disabled students during the examination process. The problem of test bias is particularly acute in law schools because most final grades are determined by a single examination. Typically, the examinations demand that a student analyze complex fact patterns in the light of applicable law. Among the testing modifications for learning disabled students, extended examination time is probably the most frequently requested accommodation.. . . 
 

The amount of additional time a student may require will depend on several factors, including the type of learning disability, degree of compensation, and the type of examination. For example, a student who has trouble with organization, spelling, and word omissions will need extra time on an essay exam but may not need as much on a multiple-choice exam. A student who is a slow reader may need extra time on an essay exam and may need even more time on a multiple-choice exam. Students who need to have the questions read aloud or their answers transcribed will also need extra time, and those with dysgraphia may need extra time to write. A student who has been recently diagnosed with specific learning disabilities and who has relatively limited experience compensating for the disability may require lengthy time extensions at first.

Additional testing modifications include (1) administering oral rather than written examinations or allowing tape recorded or dictated answers; (2) allowing a reader for a student with reading difficulties or providing recorded exam questions; (3) assigning an assistant to ensure that the student understands the directions on an examination or to clarify  a particular exam question; (4) providing a private exam room for a student who has attention deficit disorder or who is distractible (a proctor can be assigned); (5) allowing the use of a typewriter or a computer for students with visual perception and visual processing problems; (6) arranging exam schedules to allow adequate time between tests.. . . .

2. Program and Course Modifications

Institutions receiving federal funds are prohibited from discriminating against "otherwise qualified" handicapped individuals. This obligation encompasses making reasonable accommodations in academic programs. For students with learning disabilities, law schools may need to reduce course loads and/or increase the time allowed to complete graduation requirements. First year may be an appropriate time to reduce a student's course load to allow time to adjust to the demands of law school. A reduced course load may also be appropriate during a term in which a learning disabled student must produce substantial written work. For a student with more severe learning disabilities, the course load may need to be reduced each term. Policies of the ABA accreditation committee provide that full-time students will "normally" complete the requirements for a J.D. degree in five years; part-time students, in six years. Because the time limits are neither stated in mandatory language nor contained in a standard, they do not limit a law school's discretionary power to extend the time needed for a disabled student to complete a J.D. degree.

To accommodate a learning disabled student, it may also be necessary to waive a course requirement. For example, if a school requires legal accounting, it may be reasonable to waive the course for a student with dyscalculia or dyslexia. Similarly, part of the requirements for a particular course might be waived or modified. A student with dyscalculia or dyslexia might, for instance, have problems understanding a balance sheet in Corporations. Modifications must be made as long as they do not constitute a "fundamental alteration of the program."

For students with spoken language problems, it may be appropriate to modify requirements for class participation. The student might, for instance, substitute written work. Waiving class participation entirely is likely to be controversial, however. Professors can nevertheless avoid asking a learning disabled student particular kinds of questions. A student who can discuss material generally may experience difficulty when asked to refer to or read specific case or statutory language. For some learning disabled students, however, oral communication is actually the preferred mode. For them, a discussion format and oral presentations will help compensate for reading or writing disabilities. Different disabilities may call for different modifications in the professor's teaching approach. An unresolved issue is at what point classroom modifications cease being reasonable and become fundamental alterations of the program.

3. Academic Support Services

Many college students receive academic support services as undergraduates and are entitled to similar assistance in professional and graduate school. Depending on the specific disability, reasonable accommodations may include (1) notetakers, (2) arrangements for recording classes, (3) proof readers, (4) transcribers, (5) taped casebooks, (6) access to adaptive equipment, (7) tutors, (8) priority registration.. . . . [editor's note: (9) Involvement in schools academic support program]

4. Placement

Law school administrators, particularly placement directors, should be aware that institutions providing placement services have a duty to determine whether employers using their placement services meet the standards set forth in Section 504 regulations. At a minimum, law schools should not allow prospective employers known to discriminate against the handicapped to use their placement services. . . .

5. Bar Examinations

Learning disabled students who need accommodations on law school examinations will also need accommodations on bar examinations. Law school administrators should be willing to assist learning disabled students in acquiring appropriate accommodations. They should also advise learning disabled students to begin the process of seeking accommodations for bar examinations no later than the end of their first-year studies. Likewise, law school administrators should be willing to assist bar examiners in developing policies to accommodate these students.