1. New Changes at ETS: From the DOJ Technical Assistance to On-line Registration AHEAD Annual Conference July 15, 2016 Loring Brinckerhoff, Ph.D. Director Office of Disability Policy ETS lbrinckerhoff@ets.org Nora Pollard, Ph.D. Sr., Disability Policy Coordinator Office of Disability Policy ETS npollard@ets.org Morgan Murray, M.S.Ed. Disability Policy Coordinator Office of Disability Policy ETS mmurray001@ets.org

2. Agenda DOJ Technical Assistance Document Changes at ETS in light of the Technical Assistance Implementation of the Technical Assistance Revised ADHD Guidelines (3 rd Edition) On-Line Registration and Innovations for Test Takers 2

3. DOJ Technical Assistance Dcoument

4. DOJ Technical Assistance Document In September, 2015 the Department of Justice (DOJ) issued a technical assistance document specifically targeted at testing agencies that provide testing accommodations on high-stakes tests (e.g., GED, ISEE, SAT, ACT, GRE, LSAT, GMAT, MCAT, etc.). Some key points are: Determination of whether a person has a disability should not require extensive analysis The impact on test taker’s ability due to side effects of medication must be considered Determination of what constitutes a substantial limitation to a major life activity is based on a comparison to “most people in the general population.” A person with a history of academic success may still be a person with a disability who is entitled to testing accommodations under the ADA.

5. DOJ Technical Assistance Document Any documentation requested by a testing entity to support testing accommodations must be reasonable and limited to the need. Proof of past testing accommodations in similar test settings is generally sufficient to support a request for the same testing accommodations for another high-stakes test. If a test taker previously received testing accommodations under an IEP or a 504 Plan in a public school or private school, he or she should generally receive the same testing accommodations for a current standardized test.

6. DOJ Technical Assistance Document The absence of a formal history of testing accommodations does not preclude a candidate from now receiving testing accommodations. Testing agencies should defer to the recommendations from a qualified professional. A testing entity should “generally accept such documentation and provide the recommended accommodation without further inquiry.” Reports from qualified professionals should take precedence over opinions from testing agency reviewers who never conducted the requisite assessment of the candidate.

7. DOJ Technical Assistance Document Diagnostic reports that are lacking all test scores must still be considered by testing agencies. Testing agencies must respond in a timely manner to requests for accommodations. No flagging of test scores

8. Technical Assistance Document to Testing Agencies What is the legal significance of such “technical assistance”? It is not “law” as a statute or regulation is a law. It is not entitled to the same deference that courts general give to agency interpretation of a statute or their own regulations. Courts may disregard the agency guidance altogether. Robert Burgoyne, 2016 8

9. Changes at ETS in Light of the DOJ Technical Assistance 9

10. We believe IEPs/504s are often limited and vary widely in depth and quality. The older the IEP/504, the less relevant it becomes for determining reasonable accommodations on ETS tests. For most tests, IEP/504 Plans will serve as supporting evidence, and disability documentation will be needed. IEP/504 can be used as primary documentation for limited accommodations for HiSET only. This will be an in- house decision. If the IEP/504 is 5 years old or less but the accommodations requested go beyond basic accommodations, relevant evaluations will be requested and sent for panel review.

11. Changes at ETS in Light of the DOJ Technical Assistance ETS will continue to require documentation for all individuals who are requesting accommodations and who were identified with a disability for the first time within the last 12 months. Requests for additional documentation will be limited in scope. Legacy accommodations of 50% extended time and breaks from another testing agency will be approved in- house if the accommodations were granted within the last 5 years. For all other accommodations and older approvals, documentation will be requested. ETS recently revised our ADHD guidelines.

12. Changes at ETS in Light of the DOJ Technical Assistance ETS trained its external panel of experts that decisions about the appropriateness of accommodations should not require extensive analysis and must be made regardless of the positive effects of medication, hearing aids, mobility devices, learning strategies, etc. We engage in the interactive process with test takers by soliciting their viewpoint through the use of personal statements and communication with the ETS Disability Policy Coordinators.

13. Implementation of the DOJ Technical Assistance: New Think vs. Old Think 7/6/2016 13

14. Chris GRE Subject test taker with LD applying for extra breaks and 100% extended time in January 2016 Previously approved for 100% in 2012 Initial LD diagnosis in 1999. Mentions ADHD from an earlier diagnosis in 2000, but no report offered and no follow-up on ADHD. Early history is lightly documented. She was referred for LD testing in 1 st grade with problems associated with eye tracking, perfectionism, and social anxiety. Most recent documentation 2008. After high school she attended College of Charleston and received the same accommodations in the IEP from HS which included double time, and a “less distracting setting”. 14 Copyright © 2016 by Educational Testing Service. All rights reserved. ETS and the ETS logo are registered trademarks of Educational Testing Service (ETS). MEASURING THE POWER OF LEARNING is a trademark of ETS. 33537

15. Chris – continued TT transferred to a nursing program at QCC where she also got double time, audio recordings, breaks, and a separate room for test taking. In 2012 ETS reviewers approved all requested accommodations based on the 2008 report. In 2016 she is returning wanting to take the GRE General Test with the same accommodations we approved 4 years earlier, based on the same 2008 report. In Feb. 2016 we send a PR letter requesting – “updated documentation”, “complete achievement testing”, “timed academic achievement measures” and “a narrative report”. TT writes us a personal statement saying, “It would be a financial hardship for me to update my scores…I argue that little has changed…” 15

16. Chris Old Think Documentation is too old. ADHD is mentioned but not supported. Request ADHD documentation since it’s mentioned. LD-NOS is evident. Given an IEP and an accommodation history in high school and in 2 colleges, give that some weight. ETS reviewers approved double time and breaks 4 years earlier. Bottom line: Reject and request a documentation update per policy. New Think Take what you get and work with it. If LD documentation is stronger, go with that; don’t fret that a pure ADHD diagnosis is lacking. LB can grant TT 1.5x for a one- time approval given her history even if documentation is from 2008. Request a personal statement. Request a documentation update it test taker wants to re-test. 16

17. Pauline GRE test taker with LD applying for extra breaks, 100% extended time, reader, and calculator in February 2016 Initial diagnosis was in 2002 Submitted documentation dated 2008 when she was in 8 th grade (14 years old) and only included achievement testing and a standardized reading measure. Preliminary Review (PR) letter requesting updated cognitive and achievement testing was sent to TT. Test taker’s mother called saying the TT had attended Landmark School and that should be enough evidence to provide accommodations; refused to send in anything further. Mom threatens to “contact the press and let the entire nation know how we mistreat students with disabilities.” Bottom line: LB reviews the case and denies pending more docs. 17

18. Pauline Old Think If the diagnosis is LD you must have IQ testing. Testing from 2008 won’t cut it in 2016. Merely attending an “LD school” is not a sufficient proxy for disability documentation. Irate mothers do not trump a lack of diagnostic data. Bottom line: Reject and request a documentation update. New Think Is there anything in the dated report from the District that is compelling? WJ-III Achievement cluster was at 3 rd % vs. Academic knowledge was at the 47%. Request a personal statement from the TT, not the mother. We need documentation update with adult measures and IQ data. Request information about SAT or ACT accommodations provided. 18

19. Juan GRE test taker with ADHD-Combined Type, requesting 50% extended time in February 2016 Initial diagnosis in 1991 at age 12 Most recent documentation 2007 is limited. Attests to medication use and help from a “life coach”. Documentation included the following: 2007 psycho-educational evaluation report (4-5 pages) Evidence of receiving accommodations on the SAT and LSAT Letter from his attorney threatening the LSAC, undated letter from clinical psychologist that apparently went to LSAC to support requested accommodations. A string of cut and pasted emails regarding accommodations in college, as well as threats to sue his college for not providing a quiet room for testing and a request to appeal his final exam grades due to distractions. 19

20. Juan Old Think We really don’t have one decent report, only fragments of reports. Email strings cut and pasted look suspicious. Psychologist reports 10 years of treatment for ADHD Threatening letters from lawyers are annoying. Old report cards are meaningless. Bottom line: Deny and request a documentation update. New Think Try to patch this documentation together. Clearly TT has an ADHD which is substantially limiting. History of 1.5x additional time on SAT and LSAT is compelling. Report cards attest to his ADHD across subjects. Grant a one-time approval of 1.5x additional time. Request a documentation update it test taker wants to re-test. 20

21. Final Thoughts and Nuggets to Live By from the DOJ… Be mindful of DOJ’s Technical Assistance Regarding “Testing Accommodations”… “Any documentation…must be reasonable and limited to the need for the requested testing accommodations. Requests for documentation should be narrowly tailored to the information needed to determine the nature of the candidate’s disability and his/her need for the requested accommodations.” “If a candidate submits documentation...that demonstrates a consistent history of a reading disorder diagnosis and that recommends the candidate receive double time on standardized exams based on a personal evaluation of the candidate, a testing entity should provide the candidate with double time.” 21

22. Revised ADHD Guidelines, (3 rd Edition) 7/6/2016 22

23. Changes to 3 rd Edition of “ETS ADHD Documentation Guidelines for Adolescents and Adults: (Formatting) Condense and simplify our ADHD documentation guidelines from over 20 pages to 6 pages. Expand the audience of the document to include both the test taker and the evaluator. New bulleted format with hot links to appendix information such as the “ETS Bulletin Supplement for Test takers with Disabilities” or the “ETS Tips for Evaluators’” brochure. Use of a Q & A format, more white space, and less text 23

24. Changes to 3 rd Edition of “ETS ADHD Documentation Guidelines for Adolescents and Adults: (Content) More specific information on who is qualified to conduct the evaluation Softer wording (e.g., “must be included’ vs. “may be helpful”) including the word “generally” whenever appropriate so as not to sound burdensome. Less emphasis on a diagnosis and more emphasis on current functional limitations. Acknowledge that co-occurring conditions often go with ADHD and that it is often difficult to tease out the primary disability from a secondary one. 24

25. Changes to 3 rd Edition of “ETS ADHD Documentation Guidelines for Adolescents and Adults: (Content) Welcoming test takers to provide additional sources of information to support the diagnosis beyond psycho- educational or neuro-psychological reports Comprehensive neuropsychological reports or psycho- educational reports “may be helpful” but are not required Inviting other sources of documentation, including the personal statement and/or letter from DS service provider attesting to the effectiveness of accommodations. More emphasis on the importance of the clinical interview and the gathering of supportive data from multiple sources 25

26. Changes to 3 rd Edition of “ETS ADHD Documentation Guidelines for Adolescents and Adults: (Content) Documentation that is more than 5 years old may be considered, if applicable. Specific recommendations are offered for submitting a “documentation update” for outdated documentation. Ultimately ETS approves over 80% of the accommodations requested. 26

27. Elements that have remained consistent in our guidelines: (Importance of the DSM-5 Criteria) Documentation needs to address the DSM-5 diagnostic criteria and include information about the severity and frequency of symptoms and whether these impact a major life activity. Merely having ADHD symptoms is not sufficient for providing accommodations Symptoms of the ADHD need to date back to childhood (age 12) and occur across two or more settings. 27

28. Elements that have remained consistent in our guidelines: (Importance of the DSM-5 Criteria) A positive response to medication does not in and of itself either support or negate the need for accommodations. The link between the diagnostic data and the need for accommodations is essential. Report should rule out alternative explanations Depending on the accommodations being requested, achievement data may still be necessary to determine the functional impact of the disability. 28

29. Elements that have remained consistent in our guidelines: (Importance of Historical Information) ADHD Checklists are viewed as “supplemental data” For test takers with a long history, the current assessment needs to reconfirm the diagnosis with new clinical data and an updated rationale for accommodations. Strong emphasis is placed on detailed historical information. Rich history and/or a legacy of accommodations from another testing agency are important elements to include 29

30. On-Line Registration and Innovations for Test Takers 7/6/2016 30

31. On-Line Registration and Scheduling On-line registration and scheduling with certain accommodations will launch in August 2016 for GRE and in July 2017 for Praxis The process: Test taker will create their profile in eReg on the program website A link will be provided to apply for accommodations and to upload documentation The current 4-6 week timeline will be followed Test takers will receive an e-mail when a decision has been reached 31

32. On-Line Registration and Scheduling (cont’d) Once approved, test takers will be able to schedule on- line for a limited list of accommodations, including extended time, breaks, screen magnification, selectable colors, and a predetermined list of test taker provided items For other accommodations (for example, separate room, reader), test takers will need to call Prometric to schedule Customer Service Representatives will be able to assist test takers in on-line scheduling 32

33. Email and snail mail will continue to be accepted Download and print the appropriate registration form for your program Download the Bulletin Supplement and print the Testing Accommodations Request Form (pages 14–21) Complete all documents Scan the registration form, the testing accommodations request form, and disability documentation (if required) Attach all documents to email Send email to disability.reg@ets.orgdisability.reg@ets.org Send snail mail to ETS Disability Services, PO Box 6054, Princeton, NJ 08541 33