What to do about students with learning (or other) disabilities when it comes to timed exams? There are a lot of different questions that have to be answered here.
Do they get extra time to accommodate their disability? Or do we tell them that in the legal world you get the same 24 hours a day to bill as everyone else and you won't be granted a continuance just because of your ADHD?
Should a student diagnosed with ADD in early childhood get more time than someone diagnosed 1L year? The latter seems more likely to be a bogus diagnosis, but the former has had more time to learn to cope with the disability. If you're taking medication to treat your ADHD, do you even still have a disability? Shouldn't we say you get the extra time or the Adderall, but not both?
What about the fact that boys develop language skills more slowly than girls? Should we treat this like a slight disability and give all the male law students an extra 18 minutes on a 3 hour exam?
So many questions. Fortunately, we're only going to answer one. We're going to start with two presumptions though. First, that the disability is genuine, and second that we want to accommodate it. (Obviously if we don't want to accommodate it, the answer of what to do is nothing.)
The tension in providing extra time to the disabled student is that other students will feel cheated. The exam is graded on a curve, there are limited spots at the top, and if the disabled student gets an A we have a sticky situation. Did he get the A because he's really a brilliant student, or because we over-compensated for his disability?
Our solution to this problem is to create a two stage grading process. First, all the exams are graded and the scale is worked out. The disabled student is given his score. Then, his grade is removed, the scale is recalculated, and the other students are assigned their grades.
The disabled student may still end up with a higher score than he deserved if overcompensated, but it would minimize the impact to other students.
If a disproportionate number of Law Review spots are going to students who have received disability accommodations, and their placement on Law Review is solely or mostly due to their grades, a similar policy could be enacted by opening up additional spots.
This policy may seem like it is isolating students with disabilities. It is. However, the request to be treated differently comes at the request of the student. Grades and Law Review placement are a competition.
If a student asks to be given a different set of rules for the competition, the other students ought not to have their results affected by this accommodation.
[See Sam Bagenstos's post on the same at Prawfs Blawg]