Title III - Provisions Affecting Exams and Courses
Are examinations and courses covered by Title III of the ADA?
Yes. Any private entity that offers examinations or courses
related to applications, licensing, certification, or credentialing
for secondary or postsecondary education, professional, or trade
purposes shall offer such examinations or courses in a place and
manner accessible to persons with disabilities or offer alternative
accessible arrangements for such individuals.
What are examples of modifications?
Required modifications may include changes in the length of time
permitted for the completion of the examination or course,
substitution of specific requirements of a course, or an adaptation
of the manner in which the course is conducted or examination is
given.
EXAMPLE: An individual has a manual dexterity impairment that
hinders their ability to write. It may be necessary for the examiner
to provide this individual with more time to complete the
examination and/or permit typing of the answers.
Are auxiliary aids required?
Yes. A private entity that offers a course or examination shall
provide appropriate auxiliary aids and services for persons with
impaired sensory, manual, or speaking skills, unless the entity can
demonstrate that offering a particular aid or service would
fundamentally alter the course or examination, would result in an
undue burden, or, in the case of an examination, would fundamentally
alter the measurement of the skills or knowledge the examination is
intended to test.
Examples include taped texts, interpreters or other effective
methods of making orally delivered materials available to
individuals with hearing impairments, Braille or large print texts
or qualified readers for individuals with visual impairments and
learning disabilities, adapted classroom equipment or transcribers
for use by individuals with manual impairments, and other similar
services and actions.
Can an examination or course sponsor request advanced notice?
Yes. Persons with disabilities may be required to provide advance
notice of any modifications of aids that would be required, provided
that they are not unreasonable and that the deadline for such notice
is not earlier than the deadline for others applying to take the
examination or course.
A sponsor may require evidence that an applicant is entitled to
modifications or aids. Requests must be reasonable and must be
limited to the need for the modification or aid requested.
Appropriate documentation might include a letter from a physician or
other professional, or evidence of a prior diagnosis or
accommodation.
EXAMPLE: A college board testing service may be required to
provide individuals with dyslexia, a learning disability, with more
time to complete an examination. An individual who requests
additional time may, however, be required to notify the testing
service of the request at the time he or she applies to take the
examination, and to furnish appropriate documentation to establish
that the additional time is needed because of a disability.
Are accessible facilities required?
Examinations or courses must be offered in accessible facilities
or alternative accessible arrangements must be made.
EXAMPLE: A testing service is proctoring an examination for
licensing real estate brokers. There is an obligation on the part of
the testing service to offer the examination in an accessible
facility or to provide the examination at an alternative site (i.e.,
an individual's home) with a proctor if accessible facilities or
equipment are not available.
