Examinations and Courses

The Department of Justice is proposing to change its regulation on Exams and Courses to make clear that licensing, certification and testing authorities cannot make burdensome requests for documents to show a person has a disability and needs a modification.

Comment:

We agree with the proposed amendment to Section 36.309. The revision to this section makes clear that licensing, certification, and other testing authorities covered by Title III must not make overly burdensome requests for documentation when responding to an individual’s request for reasonable modifications in the administration of an examination. The amendment protects the rights of people with disabilities by assuring that they will not be subject to unreasonable and intrusive requests for information in a process that should be focused on providing effective modifications in a timely manner in order to achieve the core objective of Title III, which is to provide equal access for people with disabilities.