Princeton University settles lawsuit from learning disabled student

From The Times of Trenton:

PRINCETON BOROUGH, N.J. -- Princeton University has reached a settlement in a lawsuit with a student who claimed the school refused to accommodate her learning disabilities by not providing her with enough extra examination time.

The university agreed May 13 it would grant freshman Diane Metcalf-Leggette her request for 100 percent extended time to take tests beginning with final exams this semester, until a university task force reviews the school's policies and practices for students with disabilities.

The interim arrangement could be modified under the settlement depending on the outcome of the task force review.

"The two parties ... have reached a settlement agreement that concludes litigation without continuing to trial," reads a joint statement from the university and Metcalf-Leggette that was provided by the school yesterday. "Ms. Metcalf-Leggette has described the resolution as fair and reasonable, and she and her family have expressed their appreciation to the university for resolving the case without further litigation, which allows her to focus on her studies and her athletic pursuits."

As part of the settlement, Metcalf-Leggette has waived her right to bring any claim against the university related to extended examination time in the future.

Metcalf-Leggette is also one of two students who have filed federal complaints with the U.S. Department of Education's Office for Civil Rights alleging that the university's Office of Disability Services has failed to properly accommodate students with learning disabilities. The women's soccer team defender from Centreville, Va., filed a lawsuit in the U.S. District Court in Trenton in October contending that the university was violating her rights for legal accommodation under the Americans with Disabilities Act by not giving her twice the time to take tests.

According to the court filing, she provided the school with documentation that she has four learning disabilities: attention deficit hyperactivity disorder, mixed-receptive-expressive language disorder, disorder of written expression and developmental-coordination disorder, which is a problem with performing written tasks. She said she disclosed her disability, which was diagnosed in 2003, when applying to the Ivy League school.

The school reviewed the incoming freshman's documentation in consultation with an outside psychologist and determined that the documentation failed to demonstrate that Metcalf-Leggette had an impairment that warranted extended test time.

School officials approved other accommodations for Metcalf-Leggette, including a limit of one exam per day, a "reduced-distraction" testing environment, breaks during the exams, the use a laptop computer for timed exams and in classes, and the availability of the electronic text of course materials. But her lawyer argued in the lawsuit that the university's efforts weren't enough.

School officials later agreed to reconsider Metcalf-Leggette's request for extended test time using a consultant the student approved. That consultant agreed with the school's findings that extended time was not warranted. Metcalf-Leggette then hired a new neuro-psychologist who conducted a new evaluation, and based on that evaluation, 50 percent extended time was approved, meaning Metcalf-Leggette would have five hours and 10 minutes in which to complete a three-hour exam with breaks.

With the interim agreement of 100 percent extended time she will now have seven hours to complete a three-hour exam, with breaks.

School officials say the university has decided to commission a task force to look at the school's Office of Disability Services and its efforts to advance the university's commitment to an inclusive and accessible campus.

"Under the terms of the settlement, the university will proceed with the task force, which is expected to offer recommendations for best practices for serving students with disabilities and ensuring equal access to Princeton's academic programs," the joint statement about the settlement reads.

The task force will determine if any changes are warranted for the office of disabilities in terms of policies or practices, and will then review Metcalf-Leggette's 100 percent accommodation. If Metcalf-Leggette is unsatisfied with the outcome, she can appeal the decision internally.