Testing Accommodations Attorney in South Salem, New York

Our children are our lives. And for any parent, that’s not an exaggeration. That’s why you, as a parent, want the best for your child no matter how old they are or what stage of life they are in.  

Not all children are born the same way, which is why some may need their parents’ assistance more than others. This is especially true when your child with a disability is pursuing education and struggling with standardized tests.  

One way to level the playing field for your child during the educational process is to obtain testing accommodations. As someone who has dedicated his career to special education law in New York, our attorney at Law Office of Peter D. Hoffman, P.C., understands the struggles students with disabilities face. We know how a disability can affect a child's ability to succeed on various tests, including entrance exams, licensing exams, and bar exams, to name a few.  

We help students with disabilities receive testing accommodations and also appeal denied requests for accommodations. At the Law Office of Peter D. Hoffman, P.C., we do our best to make sure that gifted and talented students can show their knowledge and skill to the best of their abilities without being unfairly restricted due to the effects of their disability.  

What are Testing Accommodations?

Testing accommodations are exactly what they sound like. These accommodations change the format of a given test or the way it is administered. The purpose of testing accommodations is to level the playing field for students with disabilities by changing how students are tested without changing what the test measures. Instead of lowering the standards for a test or in any other manner giving a student with a disability an unfair advantage, testing accommodations seek to eliminate potential barriers to the measurement of the student’s knowledge or skill.  

At Law Office of Peter D. Hoffman, P.C., we help students with disabilities obtain testing accommodations for such tests as:  

IN CLASSROOM TESTING

IN SCHOOL STANDARIZED TESTING

SAT 

IEP 

ACT 

GRE 

504 Plan 

MCAT 

LSAT 

GMAT

We assist both students who need testing accommodations on college or graduate school entrance exams and those passing licensing exams, including the bar exam.  We also work on testing accommodations for Primary and Secondary students.

Examples of Testing Accommodations

As mentioned earlier, testing accommodations are intended to prevent a student’s disabilities from interfering with their ability to demonstrate their knowledge or skill without interfering with what is being measured. This can be done by requesting various testing accommodations, including but not limited to:  

• Permitting extended time to complete the test 

• Permitting rest time 

• Permitting frequent breaks 

• Permitting to take the test on a computer 

• Changing seating for the exam 

• Providing a test in large print 

• Providing a scribe for assistance in completing the answer sheet 

• Providing a reader 

• Administering the test in a separate location 

While the requested testing accommodation may change the way the test is administered, how the student is permitted to respond, the timing of the exam, or the setting in which the student is tested, it does not change what a test measures or give the student an unfair advantage. 

What Laws Permit Testing Accommodations for Students With Disabilities?

The two fundamental federal laws that permit testing accommodations for children with disabilities in educational institutions are the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act:  

• IDEA: This federal law guarantees that children with a disability have access to appropriate special education and related services to address their individual needs.  

• Section 504: Section 504 of the Rehabilitation Act prevents all forms of discrimination against those with disabilities. One of its provisions prevents children with disabilities from being excluded from schools, both private and public, that receive federal funding due to their disability.  

If a school doesn’t receive federal financial assistance, it could still be legally required to provide testing accommodations because the American with Disabilities Act (ADA) extends the prohibition on discrimination based on disability to local and state institutions that do not receive federal funding.  

Obtaining Testing Accommodations in Public Schools vs. Private Schools 

Regardless of whether you are seeking testing accommodations for your child in a public or private school, the first step is to have your child formally identified as having a learning disability or any other qualifying disability. The next steps to obtain testing accommodations depend on the type of school:  

• Public school: You must obtain an individualized education plan from the school that outlines what special education services will be provided to the child to meet their unique needs. This list of services should include testing accommodations if appropriate. The plan is called an Individualized Education Program (IEP) or a 504 plan for children protected under IDEA or Rehabilitation Act, respectively.  

• Private school: While private schools don’t typically require individualized education plans in order to approve requests for testing accommodations, they may still request a learning disability assessment. The assessment, performed by a psychologist or psychiatrist, will reveal the extent of disability and the need for accommodations.  

Whether your child is in a public or private school, it doesn’t matter. What matters is that you are now in a position where you should help your child overcome the challenges they may face in the educational system. Also, our attorneys at the Law Office of Peter D. Hoffman, P.C., are here to provide academic support under these tough circumstances.