Like many other parents, you may have a child who suffers from Attention Deficit Disorder (ADD). Students with this type of learning disability often require extended testing time or special testing such as multiple days, among other accommodations, in order to demonstrate their true aptitude or achievement level in an academic setting. You may have fought to get this accommodation for your child in primary and/or secondary school, only to find that ACT, Inc., administrator of the all-important ACT college entrance exam, has rejected your child's application for extended testing time or special testing. You now face the real prospect that your child may score lower on the ACT test and, despite grades that would otherwise qualify him or her, not be admitted into a particular college. Is there anything you can do?

The answer is yes. The Americans with Disabilities Act protects an individual from discrimination on the basis of a disability and provides for equal access to programs and activities. Whether or not a student has a disability that entitles him or her to test accommodations is a legal determination. ACT's rejection of a requested accommodation must, therefore, be legally defensible or it may violate the law.

Advocating for Your Child

If you find yourself faced with a rejection, the first thing you should do is study the reasons given by ACT. In many instances, the organization will assert that the documentation submitted does not sufficiently demonstrate a disability necessitating the accommodation requested. Among the possible reasons are (1) an insufficient diagnosis of a current disability, (2) an insufficient record of academic impairment and limitations experienced over time and (3) scores in the submitted psycho-evaluations that are not outside normal limits. In such instances, the letter from ACT will advise you that you may request reconsideration based on the submission of additional documentation.

Concerned parents should take advantage of this opportunity to produce documents that will address these deficiencies.

Begin by reviewing the "ACT Policy for Documentation to Support Requests for Test Accommodations on the ACT (No Writing) or ACT Plus Writing." In submitting a request for reconsideration, include a written diagnosis or reconfirmation of the ADD disability provided by a qualified attending physician. That documentation should be current within the three academic years before the date of the request.

Include documents showing that ADD-related accommodations have previously been provided in an academic setting or on other standardized tests. If your child participates in an Individualized Education Program (IEP) at his or her school, submit the relevant plan in its entirety or the portion that recites the accommodations that are being afforded to him or her. Also obtain testimonials from current or past teachers, detailing what accommodations the teacher has provided (including extended testing time or special testing) and whether these accommodations have been beneficial. Try to obtain at least one testimonial from a teacher in grade school or junior high school, as this helps establish that the ADD condition is a longstanding issue. If grades show significant improvement after implementation of an IEP that incorporates extended testing time or special testing, consider including a transcript of your child's grades.

Most important, before submitting your reconsideration request, have your child undergo a new psycho-evaluation from a licensed professional who has experience with ACT requirements. The evaluation should include a battery of valid, age-appropriate, standardized tests that show aptitude and achievement, as well as tests that show results with and without extended testing time or special testing. The evaluator should then prepare a comprehensive neuropsychological report that includes the following:

1. Test results and an interpretation of them
2. A comprehensive developmental history showing evidence of early impairment
3. A diagnostic interview
4. An explanation of how or why alternative explanations were ruled out
5. The code of the applicable DSM-IV diagnosis and a description of how the related criteria impair the individual
6. A description of the substantial limitations resulting from the student's ADD, as supported by the test results
7. Specific recommendations regarding extended testing time or special testing and how these accommodations would address the substantial limitations

Finally, the report should be accompanied by the evaluator's curriculum vitae, including information about his or her licensure/certification and education, as well as area of specialization.

If the test scores and the evaluator's report establish that the child has a disability and would benefit from extended testing time or special testing, and if the academic information demonstrates a history of such accommodations, then the ACT administrators are likely to reverse their earlier determination and grant extended testing time or special testing. The key to success is providing documentation that addresses every point interposed by ACT's rejection letter.

Remember: The Law May Be on Your Side

One thing bears repeating. The question of whether a student has a disability that entitles him or her to test accommodations is a legal determination. If your request continues to be denied when the documentation you have submitted shows that extended testing time or special testing is warranted, ACT runs the risk of legal liability.

A qualified attorney can help successfully guide parents through this process by acting as their representative and packaging the necessary documentation into a comprehensive submission with legal analysis. The accommodations secured through these efforts have usually translated into higher test scores, often enabling admission to a school for which a student might not have otherwise been considered qualified. If you have questions about your child's situation or would like more information on the extended testing time or special testing accommodation for students with ADD, please contact your attorney.