Princeton student sues university for accommodations

Parents Forum Learning Differences and Challenges - LD, ADHD
1

<p>It is hard to know about the merits of the case, but I did not think Princeton would be especially accommodating with respect to accommodations. </p>

<p>See Princeton</a> University student sues for more test-taking time - NJ.com</p>

<p>Princeton University student sues for more test-taking time</p>

<p>Sunday, November 08, 2009 Linda Stein SPECIAL TO THE TIMES</p>

<p>A federal judge has denied a request for a restraining order in a recent lawsuit by a Princeton University freshman who is asking for more time to take tests because of her various disabilities.</p>

<p>Diane Metcalf-Leggette, 19, contends the university is violating her rights for reasonable accommodation under the Americans with Disabilities Act because it refused to grant her "100 percent extended time during classroom examinations," according to the lawsuit filed Oct. 16 in U.S. District Court in Trenton. While Congress had amended the ADA to strengthen it in 2008, Metcalf-Leggette contends the university is not complying with the strictures of the law that is supposed to prevent discrimination against the disabled.</p>

<p>Metcalf-Leggette has "multiple disabilities which significantly slow her ability to read, to mentally "process' what she is reading and communicate her knowledge in the course of work in response to written communications," the suit said. While the university has granted her limited accommodations, "these are not sufficient to address the disadvantage she faces in a timed examination."</p>

<p>Metcalf-Leggette, of Centreville, Va., had tried to get the court to intervene before she began taking midterm exams, claiming irreparable harm if her requests were not granted. However, Judge Anne Thompson set a hearing in January, before final exams. "At this point, we're in the early stages of the lawsuit," said Emily Aronson, a spokeswoman for the university. "Still, the primary point is that the university is committed to ensuring access to its programs for students with disabilities. We are attentive to our obligations under state and federal law to ensure equal access to our programs and activities, and we have an Office of Disability Services that helps respond to these requests on a case-by-case basis as they pertain to the specific individual needs of each member of our community."</p>

<p>The school had previously agreed that Metcalf-Leggette can limit her exams to one a day, be in an area of "reduced distraction" for testing and take breaks during the exams. But her lawyer, Seth Lapidow, of Blank Rome in West Windsor, argued in the lawsuit that the university's efforts weren't enough.</p>

<p>"These are not sufficient to address the disadvantage she faces in a timed examination," the suit said. "Although Princeton University has acknowledged her disabilities and entitlement to accommodations under the ADA, it has denied her extended time on the internally inconsistent ground that she is not disabled." Lapidow declined to comment about the lawsuit.</p>

<p>Metcalf-Leggette had given the university documentation from a clinical psychologist/neuropsychologist showing that she has been diagnosed with four learning disabilities: attention deficit hyperactivity disorder, mixed-receptive-expressive language disorder, disorder of written expression and developmental-coordination disorder, which is a problem with performing written tasks, according to the lawsuit. She said that she disclosed her disability, which was diagnosed in 2003, when applying to the Ivy League school.</p>

<p>Metcalf-Leggette also argues that her older brother, David Metcalf, who graduated Princeton in 2008, also had learning difficulties and was allowed 100 percent time extensions on university exams.</p>

2

<p>The article in the Daily Princetonian also states that the student was told that no current Princeton student gets extra time as an accommodation. That is very surprising to me, since that is a very standard accommodation at the high school level.</p>

3

<p>That seems very surprising. As a Princeton alum who loved/loves the school, I didn’t think the institutional culture would be flexible or supportive enough for my dyslexic son. We saw real differences among schools we visited with respect to how accommodating they would be and how painful/easy it would be to get the accommodations. But, many schools routinely would allow 50% extra time with appropriate justification and with sufficient justification would allow 100% extra time.</p>

4

<p>In reading The Daily Princetonian article, it’s troubling to hear what appears to be the attitude of the director of the Office of Student Disabilities and the University attorney. The student comments on the article, while far from enlightened (for the most part), didn’t come as a surprise, but the administration attitude did. Almost a “We’re Princeton - those plebian accomodations don’t apply to our standards.”</p>

<p>[Student</a> files suit against U.](<a href=“http://www.dailyprincetonian.com/2009/10/30/24330/]Student”>http://www.dailyprincetonian.com/2009/10/30/24330/)</p>

<p>I didn’t expect Princeton to be an especially accomodating place, which would have been a consideration if DS had been interested in applying there, but if the alleged statements made by Princeton personnel who should be in a position to know better are accurate, my opinion of the place is certainly not on an upward trajectory. Starting to look like DS can rule the place out as a grad school option. If the young woman stays in school, I expect there’ll be a settlement on this prior to January, as it sure appears to be a violation of what I understand to be the intent of ADA.</p>

5

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<p>That is, unfortunately, the attitude that I suspected would be there. The head of disabilities sees her role as protecting the curriculum and the education against the untoward advances of undergraduates. We saw at least one other school with a similar attitude. I am not a lawyer, but I wouldn’t be surprised if the university were in violation of the ADA Amendment Act of 2008 in offering no extra time.</p>

6

<p>On some level I am not surprised that Princeton is guarded about giving accomodations and I do believe that parents with an LD child need to be very careful when choosing colleges. It will be interesting to follow this and see where the courts land. I’m guessing in this case that the parents presumed since accomodations were extended to the oldest they would be extended to the D but it seems to me that those accomodations if necessary should have been in place at the time of the acceptance. If anything I fear the litigation will cause Princeton to only become more careful about who they admit and will not make the environment more liberal for LD students.</p>

7

<p>This sword seems to cut both ways–why did Princeton admit the student to begin with (unless the student was less than forthcoming w/regards to disabilities), knowing that they already had stringent rules in place? Princeton is competitive enough… On the other hand, agree with previous posters that student and parent should have been aware of the rigorous academic program that Princeton offers and inquired up front w/regards to disabilities. What a mess–and costly as well should it end up in the court system!</p>

8

<p>Schools like Princeton believe that they know the one correct way to educate and evaluate. Thus, at the core, they think that their exam is a measure of learning and that giving someone extra time is giving them an unfair advantage relative to their classmates. They don’t want anyone to circumvent what they believe to be the one correct way of teaching, learning and testing. I think it is an antiquated view, but it is part of the institutional culture. </p>

<p>When I was there in the dark ages, Princeton had an office for study abroad. But the administrator in charge of the program believed that Princeton provided the world’s best undergraduate education and that a student would have to make an incredibly compelling case that he/she needed to be on a site to do specific work that could not be done at Princeton. Going abroad was, in effect, a circumvention of the correct and true way to get the right education. So, there was almost no study abroad. </p>

<p>I suspect that they are actually uncomfortable about all accommodations for disabilities that are not physically observable (like cerebral palsy). At a deep level, all accommodations would feel like an attempt to circumvent the Princeton way. </p>

<p>notre dame, we presented to the heads of disabilities services my son’s neuropsychological test results after my son was accepted but before he had chosen where to go and set up meetings with the heads of disabilities services. Some schools did not want to evaluate the results to tell us what they would do until our son accepted. [“We have to send it out to experts and then have a committee evaluate it and we wouldn’t do that until we know you are coming.”] Most schools gave us a clear sense of what they would do, but some did not. The student who accepted would be at risk that the school would decide that accommodations were not needed. Princeton may have been in the latter camp.</p>

9

<p>I would be leary of those schools that do not want to disclose about what they would do w/regards to disabilities, esp if they require acceptance up front. Seems to me that schools should have some type of rules in place and available for all students/parents to view before acceptance, or for that matter, before applying–it would certainly cut down on costly lawsuits. It is a huge risk to take if one is not sure about the rules. That’s just my opinion, though.</p>

10

<p>I think you’ll probably find this attitude the most prevelent at the uber select environments. They turn down thousands of extremely qualified candidates and probably unless strong-armed by the law are not in a position where they need to extend accomodations to learning disabilities. As Shawbridge says it part of the culture. Typically, too, a student who can “make the cut” academically would not need accomodations such as “extended time” and presumably those students would have many available choices for college education. Right or wrong, it is no doubt cultural. The legal aspects are intriguing no doubt.</p>

<p>Wynne v. Tufts Univ. School of Medicine (a 1991 federal appellate court decision widely viewed as persuasive) - “If the institution submits undisputed facts demonstrating that the relevant officials within the institution considered alternative means, their feasibility, cost and effect on the academic program, and came to a rationally justifiable conclusion that the available alternatives would result either in lowering academic standards or requiring substantial program alteration, the court could rule as a matter of law that the institution had met its duty of seeking reasonable accommodation.”</p>

11

<p>momofthreeboys, fortunately not all uber select schools see it the same way. Those that see their curriculum as sacrosanct will likely see requests for accommodations as attempts to circumvent the one true path. Those who see flexibility in curriculum as an asset are likely to be more flexible.</p>

12

<p>"I would be leary of those schools that do not want to disclose about what they would do w/regards to disabilities, esp if they require acceptance up front. "</p>

<p>I understand entirely that schools just don’t have the resources to review psycho-socials/tests for all LD applicants, which is what would be required to advise families meaningfully re: accommodations before the student is accepted. But most colleges/unis are unwilling to have that discussion untill after the student is ENROLLED. An applicant who does not the distribution reqs and geneds could find him/herself enrolled at a school from which s/he will have a very difficult time graduating.</p>

13

<p>I’d just like to point out that this would never happen at a public university.</p>

14

<p>Shame on Princeton. </p>

<p>Unless some vital pieces of info are missing here (for example, if Princeton reasonably requested that the student be retested to adult norms once she turned 18 and the student refused), the notion that they can just ignore the law is stunnning. The statement that Princeton does not provide any extended time at all is perhaps the most troubling aspect of this; that’s like saying that Princeton doesn’t provide exams in anything but standard printed form whether or not a student is blind. And it IS saying that a student with cerebral palsy who writes or types slowly would have the same amount of time to complete an exam as everybody else. Perhaps Princeton would like to implement such a policy, but in 21st century America, it’s not allowed. Moreover, Princeton’s peer institutions do provide extended time (although I don’t know if they currently have many students using 100% extended time, which is unusual.)</p>

<p>Especially if the Princeton student received 100% extended time on SAT’s, her documentation has already been reviewed by a panel of highly qualified, trained psychologists and neuropsychologists working as independent evaluators for an institution (ETS/CollegeBboard) that is hostile to the notion of double time and raises the bar extremely high for gifted students to receive it. The level of documentation and scrutiny is exacting. It is hard to imagine that Princeton’s case by case evaluation would veto an ETS/College Board psychologist panel decision to grant double time – unless they don’t actually review on a case by case basis, but simply stick to a policy of no extended time irrespective of the student’s level of disability.</p>

<p>I have a child who is attending a private university with the very accommodations that the Princeton student is being denied. He is an excellent student with a long history of severe LD. I want to point out here that whether or not he (or the Princeton student) was forthcoming about the LD’s during the admissions has no bearing on the university’s duty to provide accommodation. In terms of inconveniencing the school, it’s just not that hard. Either the professor and TA’s stay longer in the exam room with the student, the professor puts the student in his or another departmental office and checks in on him periodically, or the student walks over to the disabilities office and takes the exam there. Sometimes an exam can be taken in a departmental office at a time when the secretary is there to provide continuous monitoring. All it takes is a little bit of advanced planning on the part of the student and good will on the part of the university.</p>

15

<p>@canescans: I’d just like to point out that this would never happen at a public university. </p>

<p>Um, yeah, it would. They are not all created equal.</p>