An Opportunity to be Heard: A Call for Impartiality in the Law School Admission Council's Disability Accommodation Review Process

Abstract

Congress passed the Americans with Disabilities Act (ADA) in 1990, endeavoring to eliminate discrimination against disabled Americans and assure equality of opportunity. The Law School Admission Council’s (LSAC) accommodation review process contradicts this purpose when it denies disabled individuals seeking accommodation on the Law School Admission Test (LSAT). In its current state, this review process enables LSAC to issue denials without affording the disabled applicants an opportunity to be heard or to confront adverse witnesses. These omissions fail to meet procedural due process standards, but LSAC, as a non-profit, private corporation, is not compelled to meet these standards unless its monopolistic and coercive position over law school applicants qualifies its conduct as public in character. This Note argues that if the purpose of the ADA is to be fully realized, LSAC should implement an impartial appellate review process for disputes arising from accommodation requests by disabled individuals.