Disability Policy

Policy Statement Regarding Students and Applicants with Disabilities

It is the policy and practice of Southwestern Law School to comply with the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, Section 504 of the Rehabilitation Act, and state and local requirements regarding students and applicants with disabilities. Under these laws, no qualified individual with a disability shall be denied access to or participation in services, programs and activities of Southwestern Law School.

A. General Statement

Southwestern's policy regarding students and applicants with disabilities recognizes that disabilities include mobility, sensory, health, psychological, and learning disabilities. Southwestern will make every effort to provide reasonable accommodations to these disabilities to the extent that such accommodations are readily achievable. Southwestern is unable to make accommodations that are unduly burdensome or that fundamentally alter the nature or fundamental curricular components of the program. While Southwestern's legal obligation relates to disabilities of a substantial and long term nature, it is also our practice to provide accommodations when possible for temporary disabilities such as a broken leg or for pregnancy.

All Southwestern students are expected to conduct themselves in a professional and courteous manner towards all members of the Southwestern community.

B. Admissions

1. The LSAT

In the admissions process, because extensive accommodations are provided through the Law School Admission Council (LSAC) for taking the LSAT, waiver of the LSAT is unlikely to be granted except in extremely unusual circumstances. Applications are never automatically rejected based on the LSAT score or undergraduate GPA. An indication on the Law School Data Assembly Service (LSDAS) report that an applicant took an accommodated test will not be the basis for discrimination.  If the applicant wishes to have the disability considered as a factor, it will be necessary for the applicant to provide appropriate documentation of the disability. Please see the Appendix within this policy for information relating to documentation requirements and payment for documentation.

2. The Application Form

Applicants to Southwestern may request information on disabilities, but are not required to do so. Applicants are not required to indicate on the application whether they have a disability. Indicating a disability on the application form does not serve to provide notice to Southwestern of an applicant's need for accommodation during law school. Requests for accommodations in law school must be submitted through the Dean of Students and Diversity Affairs Office.

3. Students Wishing to Self-Identify in the Application Process

Applicants who wish to have their disability considered as a factor in the admissions process must identify at the time of application the nature of the disability and provide an explanation of why it is a factor. If the applicant wishes the disability to be considered as a factor, it is necessary for the applicant to provide appropriate documentation of the disability. Please see the Appendix within this policy for information relating to documentation requirements and payment for documentation.

4. Reconsideration

It is not Southwestern's practice to reconsider applications that have already been rejected unless there was information that was not available at the time of the application through no fault of the applicant. For that reason, applicants are advised to make any disability known at the time of application if they wish to have the disability taken into account in the application process. 

5. Accepted Applicants with Need for Accommodations

Students who are accepted for admission should contact the Dean of Students and Diversity Affairs Office as soon as possible regarding disabilities that might require accommodations during law school. Accepted applicants are required to identify disabilities requiring accommodations as early as possible in order to allow adequate time for evaluating documentation, working out the specific accommodations, working out arrangements including funding for auxiliary services, and arranging accommodations for orientation. Last-minute requests for accommodations may not be able to be reasonably provided because of the time required to make such arrangements.

C. Enrolled Students

1. Identifying the Need for Accommodation

Students with disabilities who require accommodations are required to make those needs known to the Dean of Students and Diversity Affairs Office as soon as possible. It is the responsibility of the student to make these needs known in a timely fashion and to provide appropriate documentation and evaluations in appropriate cases. Please see the Appendix within this policy for information regarding documentation requirements and payment for such documentation. Students should not assume that this information is known to the Dean of Students and Diversity Affairs Office because their application to law school indicates the presence of a disability.

Students who do not require accommodations need not make their disabilities known. The information on the student's disability and accommodations is treated as confidential information under applicable federal, state and Southwestern policies and is only provided to individuals who are privileged to receive such information on a need-to-know basis. Faculty and staff members who are apprised of a disability are advised that this information is confidential.

In some cases where only minor accommodations are required (such as requesting to sit in the front row because of a visual or hearing impairment), the student should feel free to simply make such a request directly to the faculty member. If requests for minor accommodations are not responded to adequately, the student should make the request to the Dean of Students and Diversity Affairs Office.

2. Accommodations

Southwestern will make reasonable accommodations for documented disabilities. These accommodations may include, but not limited to, courseload modifications, exam accommodations, readers, interpreters, and notetakers. Such accommodation will not be provided if it fundamentally alters the nature of the program or would be unduly burdensome either financially or administratively. Students requesting accommodations are required to identify their need as early as possible to the Dean of Students and Diversity Affairs Office who will meet with the student to develop an appropriate accommodation plan. Requests for accommodations must be made as early as possible in order to allow adequate time for evaluating documentation and working out specific accommodations and arrangements, including funding for auxiliary services. Late or last minute requests for accommodations may not be able to be reasonably provided because of the time required to make such arrangements.

i.  Academic Modifications
Academic modifications include reduced courseloads, extending the amount of time for graduation, allowing part-time programming, and similar modifications. Only modifications that do not fundamentally alter the nature of the program and that are not unduly burdensome financially or administratively are required by law. While Southwestern must provide justification for refusing to allow a requested accommodation, higher education institutions are given substantial deference in establishing their academic requirements.

Requests for academic modification should be made to the Dean of Students and Diversity Affairs Office. In appropriate cases, such as a reduced courseload, the adjustment will be made in consultation with the appropriate faculty member or an administrator.

ii.  Auxiliary Services
Auxiliary services may include interpreters, notetakers, readers, assistance with photocopying and library retrieval, and other support services in connection with the academic program. Services for personal use are not provided. Purchase of special equipment (such as Dragon Naturally Speaking, a Kurzweil Reading Machine, an image enlarger, etc.) to be used at Southwestern may also constitute an auxiliary service.

Southwestern does not provide individual tutorial assistance tailored to the special needs of students with disabilities. Southwestern does have an academic support program that does not discriminate on the basis of a disability. The director of that program or the Dean of Students and Diversity Affairs Office may refer students with disabilities to faculty or administrators in order to obtain additional help in appropriate cases.

Students requiring auxiliary services should direct most requests initially to the Dean of Students and Diversity Affairs Office. For certain auxiliary services such as interpreters and readers, the Dean of Students and Diversity Affairs Office may request that the student seek eligibility for such services from the California Department of Rehabilitation, Vocational Rehabilitation Services, private agencies, or other low cost or no cost service providers. The Dean of Students and Diversity Affairs Office will work with the student in facilitating the obtaining of such services. The student is expected to fully cooperate in obtaining such services. Because obtaining these services can be time consuming and costly, students are urged to seek assistance as early as possible after being accepted.

Occasional assistance in the library may be obtained by making a request to the library staff. Students who require more extensive assistance and/or assistance on a regular basis should make this need known to the Dean of Students and Diversity Affairs Office as soon as possible. The Dean of Students and Diversity Affairs Office will work with the library staff to facilitate an appropriate schedule of assistance. 

iii.  Exam Modifications
Exam modifications may include additional time to take the exam, time allowed for rest breaks, use of a reader or amanuensis, being allowed to eat, use of a separate exam room, or taking the exam at a time other than the regularly scheduled time. Students requesting certain exam modifications may be asked to ascertain the format of the exam in order to determine the appropriate modification. For example, if the student has difficulty writing, but does not have difficulty reading, the need for additional time would be affected by whether the exam was to be in a multiple choice format or an essay format.

All exam modification requests related to disabilities are to be directed to the Dean of Students and Diversity Affairs Office. Because of the time needed to arrange these requests, students must make such requests no later than eight weeks before exams are to be taken if the request is a first-time request, or, if the need for accommodation becomes known to the student later than such time, as early as possible, but no later than three weeks before exams are to be taken. If students who have previously been granted accommodations request accommodations different than those previously granted, or submit new or supplemental documentation to support an accommodation request, the student must submit the request no later than eight weeks before exams are to be taken. 

To ensure that the student's request for accommodations can be evaluated and processed, students are strongly urged not to wait until the applicable deadline but to make their request for accommodation, new or otherwise, as early as possible. Requests for readers, scribes or other assistance should be made early to ensure that there is adequate staffing. Exam accommodation requests must be renewed each semester, and must be submitted at least three weeks before the scheduled exam. Depending on the nature of the disability, new or updated documentation may be required.

iv.  Architectural Barriers
While most aspects of Southwestern's facilities are readily accessible, there may be accessibility issues that need pre-arrangement.

Parking. There are several accessible parking spaces near the law school for individuals who have state-issued handicap parking designations.

Ramped Entrances. Entrance into the law school is available by ramped access. 

Accessible Restrooms. Accessible restrooms can be found on every floor of the Westmoreland Building and throughout the Wilshire Building.

Classrooms. All classrooms are accessible, but some may be easier to reach than others. For this reason, students with mobility impairments are requested to advise the Dean of Students and Diversity Affairs Office as early as possible in the registration process so that feasible adjustments can be made.

v.  Modification of Policies and Practices
Class attendance is deemed to be a fundamental aspect of legal education. For that reason, attendance policies for students with disabilities may not be waived. Students believing that their particular disabilities may lead to situations beyond Southwestern's general attendance policy should direct requests to the Dean of Students and Diversity Affairs Office. Because reduced courseloads, extensions of time for graduation and other accommodations are available, it would be extremely unusual that the attendance policy would be a necessary reasonable accommodation.

Students who believe that other policies and practices should be modified due to their disabilities should direct these requests to the Dean of Students and Diversity Affairs Office. 

 
D. Academic Dismissal and Readmission
Students who are academically disqualified sometimes raise a disability as the basis for the academic difficulty. While this may sometimes impact the determination for readmission, the burden is on the student to clarify why the disability was not previously brought to the attention of the Dean of Students and Diversity Affairs Office, or if it had, to adequately explain why accommodations were not requested if they had not been previously, or to explain why accommodations that had been provided were not adequate.

E. Bar and MPRE Examinations
Law students with disabilities who believe they will require accommodations in taking their bar examination should inquire early in their legal education as to what will be necessary to obtain accommodations. Students are highly encouraged to meet with the Dean of Students and Diversity Affairs Office one year before taking the bar to discuss the accommodation request process for the bar. Information on how to contact bar examiners in all states is available in the law library, from the Registration Office, from the Dean of Students Office, or online at www.ncbex.org/bar-admissions/offices. Many state boards of bar examiners will request that the law school provide information on accommodations received during law school. Such information will be provided by the Dean of Students and Diversity Affairs Office upon receipt of a written release from the student and will normally be provided within ten (10) working days after receipt of the written release.

F. Career Services Office
The Career Services Office provides assistance to all students and does not discriminate on the basis of disability. Students who believe that an employer using the services of the Career Services Office has discriminated on the basis of disability should bring that to the attention of the Associate Dean for Career Services.

G. Grievances
Students who request accommodations and who believe that such accommodations have been impermissibly denied, or who believe that they have been discriminated against on the basis of their disability, should bring this matter to the attention of the Dean of Students and Diversity Affairs. The Dean of Students and Diversity Affairs Office will make every effort to resolve the situation. Students who still believe that they have been discriminated against and are unsatisfied with the accommodation should bring the matter to the attention of the Vice Dean. If the matter cannot be resolved informally, or if the student is unsatisfied with the resolution, the student may file a written grievance with the Dean. Upon receipt of the grievance, the Dean shall appoint three full-time faculty members to constitute a grievance committee. The committee shall develop its own procedures, provide an opportunity for the student to present the grievance, determine whether the grievance has merit in relation to this policy, and provide a written report to the Dean.

H. Counseling Services and Stress
Southwestern provides all students with the counseling services of HelpNet, a private consulting firm providing a network of licensed counselors and an alcohol/drug treatment center. Students with psychological impairments, including alcohol or drug addiction, may wish to seek help from HelpNet. Through this service, students have access to professional counseling services and community resources for problems related to relationships, career, or academic stress; alcohol or drug abuse; or family, financial, legal or other problems.  Students are entitled to a maximum of two free counseling sessions each program year, from July through June. Information concerning HelpNet is available by calling a toll-free hotline 1-800-HELPNET. Such counseling is confidential and is not part of the student's official record. 

Students claiming disabilities should be aware that while reasonable accommodations are available, all students will be held to the same academic performance standards. Law school is stressful, and students whose disabilities justify accommodations such as a reduced courseload have the obligation to request accommodation before academic failure.  Problems such as exam anxiety and chronic lateness will not ordinarily be considered to be disabilities justifying accommodation.

APPENDIX:  DISABILITY DOCUMENTATION POLICY

The documentation requirements below have been adapted from State Bar of California and Law School Admission Council policies and procedures, as well as from policies at the University of California, Cornell University, Harvard University, the University of Houston, the University of Louisville, Michigan State University and Washington University in St. Louis, among others.

Southwestern Law School is committed to ensuring that all enrolled students who have a disability enjoy a full and satisfying law school experience. Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, individuals with disabilities are guaranteed certain protections and rights of equal access to programs and services. In an educational setting, students with appropriately, medically documented disabilities may be eligible for accommodations; however, the diagnosis of a disorder/condition alone does not automatically qualify an individual for accommodations under the ADA. Documentation in support of accommodations must indicate that the stated disability substantially limits some major life activity, and must reasonably and logically demonstrate the need for accommodations that directly address the disabling condition.

Accommodations will be provided at Southwestern where a clear and convincing rationale is made for the necessity of the accommodation, where it is not unduly burdensome to do so, and where the accommodations do not compromise or fundamentally alter the essential components, substance or requirements of a particular course or program of study. All students are held to the same academic performance and behavior standards. Accommodations are adjustments provided to "level the playing field" with respect to the current functional limitations of an enrolled student; they are not remedial in nature nor do they change or compromise academic standards. [For example, instruction in basic skills not acquired earlier in the student's education would be "remedial" (e.g., basic writing skills), while "accommodation" refers to the provision of services that ensure equal access to a student with a disability (e.g., providing extended examination time for a student who processes information more slowly than other students because of a learning disability).]

The provision of reasonable accommodations and services is based upon assessment of the impact of the student's disabilities on his or her academic performance at a given time in the student's life. It is important to recognize that accommodation needs can change over time; documentation must, therefore, verify the need for accommodations based on the student's current level of functioning within the law school setting. A prior history of accommodation does not in and of itself warrant the automatic provision of a similar accommodation.

Students who believe they have a current and essential need for disability accommodations are responsible for requesting accommodations and providing comprehensive, qualifying medical documentation to the Dean of Students and Diversity Affairs Office. Documentation must be provided well in advance of the date for which accommodations are being sought. If submitted documentation is incomplete, inadequate in scope or content, does not address the student's current level of functioning and need for accommodations, or does not follow these documentation requirements, Southwestern will request clarification and, if necessary, more information. This will delay the determination of accommodations. It is the student's responsibility to obtain such additional information or clarification. Documentation fees are borne by the student. 

Accommodations are provided on an individual case-by-case basis. Given that many students may perceive that they might benefit from an accommodation (e.g., extended time for examinations), evaluators must provide a specific rationale and justification for the necessity of each accommodation. If no prior accommodation has been provided to the student, the evaluator must include an explanation about why no accommodations were used in the past and why accommodations are needed now. A school plan such as an individualized education program (IEP) or 504 plan is insufficient documentation, but it can be included as part of a more comprehensive assessment battery. A letter from a physician or other professional may not be sufficient documentation. Southwestern reserves the right to request additional or updated documentation, even after a student has been granted academic accommodation.

The final determination for providing appropriate and reasonable accommodations rests with Southwestern. Reports should be typed, dated and signed, and appear on professional letterhead. The examiner's name and professional credentials, including license/certification information and jurisdictional information, should be clearly stated. Parents or other relatives are never appropriate evaluators, even if they are otherwise qualified. Southwestern reserves the right to submit disability documentation to an appropriate health care or other professional qualified to assist Southwestern in its review of both the initial documentation and any supplemental assessment(s) of the disability. If an additional assessment for purposes of obtaining a second professional opinion is required, Southwestern shall bear costs not covered by any third party payor. 

Please note below the specific documentation requirements for specific types of disabilities.  Students may wish to provide these requirements to the professional performing their evaluation to ensure documentation is appropriate and adequate. 

A. Attentional Disabilities

Students must provide documentation that supports a history of Attention Deficit Disorder or Attention Deficit/Hyperactivity Disorder (AD/HD), evidence of current impairment, relevant testing that identifies how AD/HD currently impacts the student's academic abilities, identification of DSM-IV or equivalent criteria, and a specific diagnosis in an interpretative summary based on a comprehensive adult-normed assessment process. Evaluations must evidence the student's current condition, and should be no more than three (3) years old.

Documentation requirements include:

1. Diagnostic Information:
A diagnosis of AD/HD, including a description of how the diagnosis was determined following DSM-IV codes or equivalent criteria, must be indicated.  Because AD/HD is typically first exhibited in childhood and manifests itself in more than one setting, relevant historical information is essential. Information should consist of more than a self-report, and it may be gathered from resumes, transcripts, report cards, teacher comments, tutoring evaluations, and/or past psychoeducational testing.  A history of prior therapy and medication history also should be provided. Information obtained through clinical and diagnostic interviews should be included. The evaluator should use direct language in a clear statement of the diagnosis, avoiding the use of such non-specific terms as "suggests," "probable," or "has problems with."

2. Clinical Assessment:
The most common accommodations for attentional disorders are targeted at minimizing environmental distractors (for example, semi-private rooms for exams; seating in classes near the front of the classroom). For these kinds of accommodations, the history and diagnostic information described in point A above is usually adequate. If, however, the student needs additional accommodation, comprehensive neuropsychological or psychoeducational testing must be included, providing information on how the disorder may impact the student's current academic abilities. Because of the challenge of distinguishing normal behaviors and developmental patterns of adolescents and adults (e.g., procrastination, disorganization, distractibility, restlessness, boredom, academic underachievement or failure, low self-esteem, and chronic tardiness or inattendance) from clinically significant impairment, a multifaceted evaluation must address the intensity and frequency of the symptoms and whether these behaviors constitute an impairment in a major life activity. The evaluator must have considered possible alternative diagnoses, including medical and psychological disorders as well as educational or cultural factors, which could account for behaviors that appear like AD/HD symptoms. The evaluator must also assess for dual diagnoses and co-existing mood, behavioral, neurological, or personality disorders that confound the diagnosis of AD/HD. Selected subtest scores from measures of intellectual ability, memory functions tests, attention or tracking tests, or continuous performance tests do not in and of themselves establish the presence or absence of AD/HD. Checklists and/or surveys can serve to supplement the diagnostic profile, but in and of themselves are not adequate for the diagnosis of AD/HD.

Selected examples of adequate testing include the following (List is not complete; more testing may be required):

i. Aptitude Testing: A complete IQ battery is required, including all subtests and standard scores.  Acceptable measures include the Wechsler Adult Intelligence Scale; the Woodcock-Johnson Psychoeducational Battery: Tests of Cognitive Ability; the Kaufman Adult Intelligence Test; and the Stanford-Binet Intelligence Scale.  The Slosson Intelligence Test-Revised, Raven's Progressive Matrices, Test of Nonverbal Intelligence, and the Kaufman Brief Intelligence Test do not constitute adequate aptitude test measures.

ii. Achievement Testing: A complete achievement test battery is required, including all subtests and standard scores, assessed under timed and untimed conditions as appropriate to corroborate underachievement in specific academic areas. Acceptable measures include the Woodcock-Johnson Psychoeducational Battery-Revised: Tests of Achievement; Wechsler Individual Achievement Test; Stanford Test of Academic Skills; and the Scholastic Abilities Test for Adults.  The Wide Range Achievement Test is not an acceptable comprehensive measure of achievement.  The Nelson-Denny Reading Test (Comprehension subtest) or a comparable measure is required if requesting additional time on exams.

iii. Information Processing: Specific areas of information processing must be assessed either as a part of the aptitude testing described above or using other tests. Examples include: working memory, processing speed, short and long-term memory, reasoning, auditory and visual perception/processing, executive functioning, and motor ability. Acceptable measures include the Wechsler Adult Intelligence Scale, and the Woodcock-Johnson Psychoeducational Battery: Tests of Cognitive Functioning.  Additional testing such as the Wechsler Memory Scale or the Learning Efficiency Test, or individual neuropsychological measures (Stroop Color-Interference Tests; Wisconsin Card Sorting Test; Trail-Making Test; Continuous Performance Test; etc.) designed to assist in corroborating the existence of processing disorders may also be appropriate. Other formal assessment measures may be integrated to help determine a learning disability and differentiate it from co-existing neurological and/or psychiatric disorders (i.e., to establish a differential diagnosis).

iv. Current Treatment:
Current psychotherapy (type/length/frequency), and/or psychotropic medication (type/dosage/side effects) must be included.

v. Functional Limitations:
Documentation must indicate any functional limitations caused by the disorder, and whether the limitations are temporary or long-standing. Included in this report must be clear evidence of significant current impairment in social, academic, or occupational functioning, and symptoms which do not occur exclusively during the course of another physical disorder or psychiatric disability and are not better accounted for by another mental disorder (e.g. Mood Disorder, Anxiety Disorder, Dissociative Disorder, or a Personality Disorder). 

vi. Accommodations Recommendation:
Specific recommendations for academic accommodations based on significant functional limitations as evaluated must be included, with a detailed explanation as to why each accommodation is appropriate. Accommodations will not be limited to nor bound by these recommendations.

vii. Evaluator Qualifications:
The evaluation must have been completed by a qualified, licensed professional who has experience with adult AD/HD populations, including neuropsychologists, psychiatrists, clinical or educational psychologists, neurologists, or other relevantly trained and licensed professionals. 

B. Learning Disabilities

These guidelines were developed within the scope of the national model published by the Association on Higher Education and Disability (AHEAD), and are intended to provide a common understanding and knowledge base of those components of documentation that are necessary to validate a learning disability and the need for accommodations. The information and documentation that establishes a learning disability must be comprehensive, and must use well-known psychometric instruments normed on adult populations in order to make it possible for a student to be served appropriately. Evaluations must evidence the student's current condition, and should be no more than three (3) years old. 

Documentation requirements include:

1. Diagnostic Interview:
The interview should include, when relevant: information about family history, developmental history, medical history, relevant psychosocial history, employment history, primary language of the home, current fluency in English, history of substance abuse, any history of psychological disorders, a thorough medication history, and a discussion of dual diagnosis where indicated. A thorough description of current presenting problems is always indicated.

2. Aptitude Testing:
A complete IQ battery is required, including all subtests and standard scores. Acceptable measures include the Wechsler Adult Intelligence Scale; the Woodcock-Johnson Psychoeducational Battery: Tests of Cognitive Ability; the Kaufman Adult Intelligence Test; and the Stanford-Binet Intelligence Scale.  The Slosson Intelligence Test-Revised, Raven's Progressive Matrices, Test of Nonverbal Intelligence, and the Kaufman Brief Intelligence Test do not constitute adequate aptitude test measures.

3. Achievement Testing:
A complete achievement test battery is required, including all subtests and standard scores, assessed under timed and untimed conditions as appropriate to corroborate underachievement in specific academic areas.  Acceptable measures include the Woodcock-Johnson Psychoeducational Battery-Revised: Tests of Achievement; Wechsler Individual Achievement Test; Stanford Test of Academic Skills; and the Scholastic Abilities Test for Adults. The Wide Range Achievement Test is not an acceptable comprehensive measure of achievement.  The Nelson-Denny Reading Test (Comprehension subtest) or a comparable measure is required if requesting additional time on exams.

4. Information Processing:
Specific areas of information processing must be assessed either as a part of the aptitude testing described above or using other tests.  Examples include working memory, processing speed, short and long-term memory, reasoning, auditory and visual perception/processing, executive functioning, and motor ability. Acceptable measures include the Wechsler Adult Intelligence Scale and the Woodcock-Johnson Psychoeducational Battery: Tests of Cognitive Functioning. Additional testing such as the Wechsler Memory Scale, the Learning Efficiency Test, or individual neuropsychological measures (Stroop Color-Interference Tests; Wisconsin Card Sorting Test; Trail-Making Test; Continuous Performance Test; etc.) designed to assist in corroborating the existence of processing disorders, may also be appropriate. Other formal assessment measures may be integrated to help determine a learning disability and differentiate it from co-existing neurological and/or psychiatric disorders (i.e., to establish a differential diagnosis). 

5. Test Scores:
Actual test scores must be provided.  Standardized scores, percentiles and age equivalencies should also be provided. The data should logically reflect a substantial limitation to learning for which the student is requesting the accommodation. The tests used must be reliable, valid and standardized for use with an adult population. The test findings must document both the nature and severity of the learning disability. Informal inventories, surveys and direct observation by a qualified professional may be used in tandem with formal tests in order to further develop a clinical hypothesis.

6. Specific Diagnosis: 
The report must include a specific diagnosis for each learning disability using DSM-IV or equivalent criteria.  Individual "learning styles," "learning differences," "academic problems" and "test difficulty or anxiety," in and of themselves, do not constitute a learning disability. It is important to rule out alternative explanations for problems in learning such as cultural/language differences, poor study skills; or emotional, attentional or motivational problems that may be interfering with learning but do not constitute a learning disability. The diagnostician is encouraged to use direct language in the diagnosis and documentation of a learning disability, avoiding the use of terms such as "suggests" or "is indicative of."  If the data indicate that a learning disability is not present, the evaluator should state that conclusion in the report.

7. Accommodations Recommendation:
The report must state any substantial limitations to learning presented by the diagnosis, and the degree to which they currently impact the student in the law school context. The report should indicate why specific accommodations are appropriate, and how these accommodations impact the specific disability. The evaluator should support recommendations with specific test results or clinical observations. 

8. Evaluator Qualifications: 
Qualified examiners include clinical and counseling psychologists, educational and school psychologists, neuropsychologists, learning disabilities specialists, or other relevantly trained and licensed professionals.   

C. Medical Disabilities

Students with disabilities that are clearly visible by outward manifestations of disability (e.g., quadriplegics) shall be afforded accommodations that are clearly justified by the nature of their disability. Southwestern reserves the right to request disability-related documentation when a requested accommodation cannot be easily justified by the outward effects of the student's disabling condition. When such documentation is requested, the student shall follow the documentation requirements below. 

Southwestern will accept current diagnoses of medical disabilities that are based on appropriate diagnostic evaluations administered by trained and qualified (i.e., certified and/or licensed) professionals (e.g., medical doctors, ophthalmologists, psychologists, neuropsychologists, audiologists, etc.). Disability diagnosis categories include:

- Orthopedic disability
- Blindness or visual impairment
- Deafness or hard-of-hearing
- Acquired brain injury
- Other health-related/systemic disabilities.

Documentation requirements include:

1. Diagnostic Information:
Documentation of physical conditions, e.g., motor impairments, sensory impairments, and "invisible impairments" (chronic conditions such as diabetes, cardiac problems, renal insufficiencies, etc.), must be described, in addition to a specific written diagnosis. Appropriate additional medical records, such as a summary of assessment procedures and scores, must be included.  Documentation must be current, within one (1) year, with more current updates required as changing conditions warrant.  Description of current symptoms, fluctuating conditions/symptoms, and prognosis must also be included.

2. Treatment:
Current pharmacological (type/dosage/side effects) information must be included, as well as other medical or rehabilitative interventions and what impact, if any, these interventions might have on the student's academic progress.

3. Functional Limitations:
A clear statement specifying functional manifestations (i.e., substantial limitations to one or more major life activities and degree of severity) due to the disability and/or medications, for which the student may need accommodations, is required. Documentation should also indicate whether the limitations are temporary or long-term.

4. Accommodations Recommendation: 
A recommendation for accommodations, including rationale, must be provided.  If the accommodations recommendation is specific to limitations in learning (e.g., reading, mathematics, written expression), an appropriate psychoeducational or neuropsychological evaluation must be administered to document ability/achievement discrepancies. The results of other appropriate assessment measures to support a differential diagnosis or to disentangle the medical impairment from co-existing disorders should be provided.

5. Evaluator Qualifications:
Qualified professionals would include physicians specializing in the area of impairment, qualified specialists in vision and audition, rehabilitative medicine specialists, or other relevantly trained and licensed professionals.  

D. Psychological Disabilities

Southwestern recognizes that "psychological disabilities" is a generic term which refers to a variety of conditions involving psychological, emotional and behavioral disorders and syndromes. These disorders and syndromes constitute a verifiable disability only when there is a substantial limitation in a major life activity. While psychological disorders may be a source of discomfort or distress, it should be emphasized that a student who has a psychological disorder may not necessarily require accommodations. 

Documentation requirements include:

1. Diagnostic Information:
A specific diagnosis of a psychological disability, including a description of how the diagnosis was determined following DSM-IV or equivalent criteria must be included.  Information obtained through clinical and diagnostic interviews should be included.  A review of pertinent history and the date of first diagnosis, as well as current symptoms, fluctuating conditions/symptoms, and prognosis must also be included. The evaluator should use direct language in a clear statement of the diagnosis, avoiding the use of such nonspecific terms as "suggests," "probable," or "has problems with."

2. Supporting Documentation:
A battery of personality testing must be included as part of a comprehensive psychological evaluation. One test or assessment battery alone does not constitute adequate documentation. Evaluations must have been conducted within one (1) year prior to the request for academic accommodations. The results of other appropriate assessment measures to support or distinguish a differential diagnosis, to rule out medical or other factors or to disentangle the psychological disability from co-existing disorders, must be provided.  Southwestern has the right to request updated evaluations after accommodations have been provided. 

3. Treatment:
Information regarding the student's current treatment must include whether psychotherapy and/or psychotropic medication (type/dosage/side effects) have been or promise to be effective in alleviating symptoms, and whether they may interfere with a student's academic functioning in the law school setting. There should be a statement regarding whether there are side effects of the prescribed medication, whether the student is still adjusting to the medication, whether there are issues regarding the student's compliance history, and whether there are crisis episodes associated with the disability.

4. Functional Limitations:
Documentation must indicate any functional limitations caused by the disability, and whether the limitations are temporary or long-standing.

5. Accommodations Recommendation:
Specific recommendations for academic accommodations for the functional limitations evaluated must be included. 

6. Evaluator Qualifications:
The evaluation must have been conducted by a qualified and licensed professional, including psychiatrists, neuropsychologists, licensed clinical or counseling psychologists, or other relevantly trained and licensed professionals. 

E. Temporary Disabilities

Students seeking accommodations on the basis of a temporary disability must provide documentation verifying the nature of the condition, stating the expected duration of the condition, and recommending appropriate accommodations. Such verification must be provided by a professional health care provider who is qualified in the diagnosis of such conditions. If the initial verification is incomplete or inadequate to determine the extent of the disability and appropriate accommodations, the law school shall have the discretion to require supplemental assessment(s) of the temporary disability. The cost of obtaining the initial verification and any required supplemental assessment(s) shall be borne by the student. The verification of disability and any assessment(s) must reflect the student's current level of disability, and shall be no older than sixty (60) days. 

Southwestern reserves the right to submit verification documentation to an appropriate health care or other qualified professional qualified to assist Southwestern in its review of both the initial verification and any supplemental assessment(s) of the disability. If an additional assessment for purposes of obtaining a second professional opinion is required, Southwestern shall bear costs not covered by any third party payor. 

F. Sources of Additional Information

California Department of Rehabilitation
Vocational Rehabilitation Services
Greater Los Angeles District
3333 Wilshire Boulevard, Suite 200
Los Angeles, CA  90010-4101
(213) 736-3904 (Voice)
(213) 736-3960 (TTY)
www.rehab.calwnet.gov/eps/vocrehab.htm

National Association of Law Students with Disabilities
E-mail: nalswd@gmail.com
www.nalswd.org

ABA Commission on Mental and Physical Disability Law
740 15th Street, N.W.
Washington, DC 20005
(202) 662-1570 (voice)
(202) 442-3439 (fax)
E-mail: CMPDL@americanbar.org
www.abanet.org/disability

National Alliance on Mental Illness (NAMI)
3803 North Fairfax Drive, Suite 100
Arlington, VA 22203
(703) 524-7600 (voice)
(703) 524-9097 (fax)
www.nami.org

National clearinghouse on postsecondary education for individuals with disabilities:

The George Washington University
HEATH Resource Center
2134 G Street, NW
Washington, DC 20052-0001
Fax: (202) 994-3365
E-mail: askheath@gwu.edu
www.heath.gwu.edu

Organization committed to full participation of individuals with disabilities in college life:

Association on Higher Education and Disability
107 Commerce Center Drive, Suite 204
Huntersville, NC 28078
(704) 947-7779 (voice/TTY0
(704) 948-7779 (fax)
E-mail: ahead@ahead.org
www.ahead.org

Information on substance addiction, stress, depression, and other emotional health issues:

ABA Commission on Lawyer Assistance Programs (CoLAP)
321 North Clark Street 
Chicago, IL 60654-7598
(800) 285-2221 (Voice)
E-mail: spilisd@staff.abanet.org
www.abanet.org/legalservices/colap

Current information on AIDS issues:

AIDS Education Global Information System
P.O. Box 184
San Juan Capistrano, CA  92693
(949) 495-1952 (Voice)
Fax: (949) 443-1755
E-mail: help@aegis.org
www.aegis.com

Organization for blind and sight impaired individuals:

American Counsel of the Blind
2200 Wilson Boulevard, Suite 650
Arlington, VA  22201
(800) 424-8666 (Voice)
Fax: (703) 465-5085
www.acb.org

National Association of Blind Lawyers
1660 South Albion Street, Suite 918
Denver, CO 80222
(303) 504-5979 (Voice)
E-mail: slabarre@labarrelaw.com
www.blindlawyer.org

Taped law casebooks & treaties are available at:

Braille Institute
741 North Vermont Avenue
Los Angeles, CA  90029
(323) 663-1111 (Voice)
Fax: (323) 663-0867
E-mail: LA@brailleinstitute.org www.brailleinstitute.org

Learning Ally
20 Roszel Road
Princeton, NJ 08540
(800) 221-4792 (voice)
E-mail: custserv@learningally.org
www.learningally.org