The transition from high school to postsecondary school can present  challenges for all students, and especially for students with disabilities  because they must assume more responsibility for their education by  identifying themselves as having a disability, providing documentation of  their disability, and requesting accommodations and services. Testing companies included in our study also consider what  accommodations are appropriate for their tests. For example, one  testing company official told us that three applicants with ADHD all might  apply for extra time to complete the exam, but the testing company may  decide different accommodations are warranted given each applicant’s  limitations––extra time for an applicant unable to maintain focus; extra  breaks for an applicant who has difficulty sitting still for an extended time  period; preferential seating for the applicant who is easily distracted. Based on their reviews, testing companies  reported granting between 72 and 100 percent of accommodations that  were requested in the most recent testing year for 6 of the 10 tests for  which we received data. Most of the  applicants we spoke with told us that they requested accommodations  that they were accustomed to using and were often frustrated that testing  companies did not readily provide those accommodations. Testing Company Challenges

Testing companies we interviewed reported challenges with ensuring  fairness to all test takers when reviewing applications for  accommodations. For example, officials from  two of the companies said some applicants may see an advantage to  getting an accommodation, such as extra time, and will request it without  having a legitimate need. Testing company officials told us that reviewing requests that contain  limited information can be challenging because they do not have sufficient  information to make an informed decision. Officials from two testing companies and an attorney representing some  of the testing companies included in our study also told us they have  concerns about testing companies being required to provide  accommodations that best ensure that applicants’ test results reflect the  applicants’ aptitudes rather than their disabilities since they believe the  ADA only requires testing companies to provide reasonable  accommodations. Federal Enforcement Is Largely Complaint- Driven, and Justice Lacks a Strategic Approach to Ensure Testing Company Compliance

		Enforcement of Testing Company Compliance Generally Occurs in Response to Complaints, and Involves Multiple Agencies

Federal enforcement of laws and regulations governing testing  accommodations primarily occurs in response to citizen complaints that  are submitted to federal agencies. While Justice has overall responsibility  for enforcement of Title III of the ADA, which includes Section 309 that  is specifically related to examinations offered by private testing  companies, other federal agencies such as Education and HHS have  enforcement responsibilities under the Rehabilitation Act for testing  companies that receive federal financial assistance from them. After Justice reviews the complaint at in-take, it advises  complainants that it might not make a determination about whether or not  a violation has occurred in each instance. Justice Has Clarified ADA Requirements for Testing Accommodations but Lacks a Strategic Approach to Enforcement

Justice’s regulations implementing Section 309 of the ADA provide the  criteria for its enforcement efforts, and it has recently taken steps to  clarify ADA requirements pertaining to testing accommodations by adding  new provisions to regulations. While Justice officials said they have conducted similar  searches in reference to a specific complaint, they have not conducted  systematic searches of their data systems to inform their overall  enforcement efforts. Recommendation for Executive Action

We recommend to the Attorney General that Justice take steps to  develop a strategic approach to target its enforcement efforts related to  testing accommodations. For example, the strategic approach could  include (1) analyzing its complaint and case data to prioritize enforcement  and technical assistance, (2) working with the Secretaries of Education  and HHS to develop a formal coordination strategy, and (3) updating  technical assistance materials to reflect current requirements. With regard to  analyzing its data, Justice stated that it utilizes complaint and case data  through all stages of its work and makes decisions about which  complaints to pursue based on ongoing and prior work. Appendix I: Objectives, Scope, and Methodology

The objectives of this report were to determine (1) what types of  accommodations individuals with disabilities apply for and receive, and  how schools assist them; (2) what factors testing companies consider  when making decisions about requests for testing accommodations; (3)  what challenges students and testing companies experience in receiving  and granting testing accommodations; and (4) how federal agencies  enforce compliance with relevant federal disability laws and regulations. We chose tests that are  commonly used to gain admission into undergraduate, graduate, and  professional programs and to obtain professional certification or licensure. To determine the types of accommodations requested by individuals with  disabilities and granted by testing companies, we reviewed data provided  by testing companies on accommodations requested and granted,  interviewed testing company officials, interviewed disability experts, and  reviewed literature to understand the types of accommodations applicants  with disabilities might require.
Why GAO Did This Study

Standardized tests are often required to gain admission into postsecondary schools or to obtain professional certifications. Federal disability laws, such as the Americans with Disabilities Act (ADA) require entities that administer these tests to provide accommodations, such as extended time or changes in test format, to students with disabilities. GAO examined (1) the types of accommodations individuals apply for and receive and how schools assist them, (2) factors testing companies consider when making decisions about requests for accommodations, (3) challenges individuals and testing companies experience in receiving and granting accommodations, and (4) how federal agencies enforce compliance with relevant disability laws and regulations. To conduct this work, GAO interviewed disability experts; individuals with disabilities; officials from high schools, postsecondary schools, testing companies; and officials from the Departments of Justice (Justice), Education, and Health and Human Services (HHS). GAO also reviewed testing company policies and data, federal complaint and case data for selected testing companies, and relevant laws and regulations.

What GAO Found

Among accommodations requested and granted in the most recent testing year, approximately three-quarters were for extra time, and about half were for applicants with learning disabilities. High school and postsecondary school officials GAO interviewed reported advising students about which accommodations to request and providing documentation to testing companies, such as a student's accommodations history.
Testing companies included in GAO's study reported that they grant accommodations based on their assessment of an applicant's eligibility under the ADA and whether accommodation requests are appropriate for their tests. Testing companies look for evidence of the functional limitations that prevent the applicant from taking the exam under standard conditions. They also consider what accommodations are appropriate for their tests and may grant accommodations that were different than those requested. For example, one testing company official told GAO that applicants with attention deficit/hyperactivity disorder all might request extra time, but may be granted different accommodations given their limitations--extra time for an applicant unable to maintain focus; extra breaks for an applicant unable to sit still for an extended time period; a separate room for an easily distracted applicant.
Documenting need and determining appropriate accommodations can present challenges to students and testing companies. Some applicants GAO interviewed found testing companies' documentation requirements difficult to understand and unreasonable. Most applicants GAO spoke with said they sought accommodations that they were accustomed to using, and some found it frustrating that the testing company would not provide the same accommodations for the test. Testing companies reported challenges with ensuring fairness to all test takers and maintaining the reliability of their tests when making accommodations decisions. Testing company officials said that reviewing requests that contain limited information can make it difficult to make an informed decision. Some testing company officials also expressed concern with being required to provide accommodations that best ensure an applicant's test results reflect the applicant's aptitude rather than providing what they consider to be reasonable accommodations.
Federal enforcement of laws and regulations governing testing accommodations is largely complaint-driven and involves multiple agencies. While Justice has overall responsibility for enforcing compliance under the ADA, Education and HHS have enforcement responsibilities under the Rehabilitation Act for testing companies that receive federal financial assistance from them. Education and HHS officials said that they investigate each eligible complaint. Justice officials said they review each complaint at in-take, but they do not make a determination on every complaint because of the large volume of complaints it receives. Justice has clarified ADA requirements for testing accommodations primarily by revising its regulations, but it lacks a strategic approach to targeting enforcement. Specifically, Justice has not fully utilized complaint data--either its own or that of other agencies--to inform its efforts. Justice officials said that they reviewed complaints on a case-by-case basis but did not conduct systematic searches of their data to inform their overall approach to enforcement. Additionally, Justice has not initiated compliance reviews of testing companies, and its technical assistance on this subject has been limited. GAO recommends that the Department of Justice take steps to develop a strategic approach to enforcement such as by analyzing its data and updating its technical assistance manual. Justice agreed with GAO's recommendation.

What GAO Recommends

GAO recommends that the Department of Justice take steps to develop a strategic approach to enforcement such as by analyzing its data and updating its technical assistance manual. Justice agreed with GAOs recommendation.