Pearson Disability Accommodation Problems

[jgoodrich]

I am looking to find out how many people have students or themselves have problems with Pearson Vue and Accommodations issues. I am getting ready to draft a demand to PearonVue on this matter.

It seems to me that Pearson is violating the ADA on several levels.

PersonVue refuses to allow accommodation on the at-home testing platform PerasonVue Online Testing. This is a direct violation of the ADA under Title III. People with disabilities are barred from the PearonVue Online Testing platform. People with mobility disabilities are forced to go to a testing center, leave their homes, get rides to the testing centers, go to some testing centers that are not ADA compliant, then test in public. At the same time, people without disabilities are allowed to test anywhere.

"The ADA requires that any person offering examinations related to post-secondary education or profession “shall offer such examinations or courses in a place and manner accessible to persons with disabilities.” 42 U.S.C. § 12189. Regulations interpreting this section to impose an obligation on the entity offering such an examination that “ [t]he examination is selected and administered so as to best ensure that, when the examination is administered to an individual with a disability that impairs sensory, manual, or speaking skills, the examination results accurately reflect the individual's aptitude or achievement level or whatever other factor the examination purports to measure, rather than reflecting the individual‟s impaired sensory, manual, or speaking skills.” 28 C.F.R. § 36.309."

The ADA makes it unlawful to “coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, any right granted or protected by this Act.” 42 U.S.C. § 12203.

The ADA requires that any person offering examinations related to post-secondary education or profession “shall offer such examinations or courses in a place and manner accessible to persons with disabilities.” 42 U.S.C. § 12189. As part of this duty to make an examination accessible, the regulations require that any documentation requested be “reasonable and limited to the need for the modification, accommodation, or auxiliary aid or service requested.” 28 C.F.R. § 36.309(b)(1)(iv).

 

[Jarrel]

This might help:

Test accommodations // Pearson VUE

Learn about available test accommodations for your computer-based exam and determine how to request accommodations when testing with Pearson VUE.

home.pearsonvue.com

 

[Rick Butler]

I think @jgoodrich was referring to folks with ADA to request accommodation while using OnVUE, not in a physical testing center. I know we had to consider all of these when we set up our test center a number of years ago - it wasn't too difficult for us, since we already had ADA requirements in play for the college and are set up for it.

But it does seem pretty odd that PV wouldn't have accommodations for OnVUE testing. But then, with other conversations we've had here on CIN, it's not too surprising. And given how unpleasant the experience gets with proctors being overbearing during tests, it would add an amazingly complex element to the testing experience.

If we look at the page that @Jarrel just posted, there are lots of different considerations. I can imagine a breastfeeding mother suddenly having to feed her child or pump milk and the proctor is just sitting there, watching. Creepy mode activated.

Meanwhile, while I'm not an attorney, I'm pretty sure this came up when PV started OnVUE. I've seen a few ADA cases in the past and usually where the ones I've seen land are arguments over what is an accommodation vs. what is a convenience. With this statement, "People with disabilities are barred from the PearonVue Online Testing platform.", well, in the eyes of the law, this statement isn't true. People with disabilities are not barred from OnVUE. The actual argument here is that OnVUE isn't making accommodations for folks with disabilities. But if someone, say, who was confined to a wheelchair wanted to take an OnVUE exam, I'm pretty sure that's not outside the realm of possibility.

Perhaps a couple years ago, it could have been a case, when OnVUE started in the middle of the pandemic, when access to testing centers themselves wasn't possible. But that's not the case now. And one could argue that if it hadn't been for the pandemic, there would be no OnVUE.

“shall offer such examinations or courses in a place and manner accessible to persons with disabilities.” - An opposing response would be "Testing Center". The ADA doesn't stipulate though that things have to be just as convenient as non-ADA folks would be, only that they exist.

I'm not saying it's fair or even "right"; that's not my point here. But if we're quoting chapter and verse in the law, Pearson is going to say, "we offer testing centers that are fully ADA complaint".

@jgoodrich I'm not saying don't draft a letter - if you feel strongly about it, go for it. I'm just saying that if you're quoting the law, PV will, if they choose to respond, will quote the law back. The only way I think it becomes anything more than academic is if you sue PearsonVUE - and you'll have to present evidence that you were personally harmed as a result of their policy.

Just my 2¢... for what it's worth.

/r

 

[jgoodrich]

So Rick,

Just an FYI I am an attorney (in addition to teaching and cybersecurity tech guy) and do practice in the disability law space. I am working with the Pearson Legal team and have been for three years. The problem is here is what they say in accommodations letters. It seems to always be a fight with them on any accommodations. I have many students I have walked through the process, and then even for myself, they refuse to do it 50% of the time.

By providing this information, I am hoping to help others that guide our students though this difficult process.




This is what I got back for my request for my disability of dyslexia. I have taken the LSAT, MPRE, Bar Exam, Law School Test, FAA 107 Exam, and other tests all with an audio copy or screen reader. Pearson refuses to have an Audio copy of the exams or a screen reader. They block Microsoft Windows accessibility tools.


"People with disabilities are barred from the PearonVue Online Testing platform.", well, in the eyes of the law, this statement isn't true. People with disabilities are not barred from OnVUE. The actual argument here is that OnVUE isn't making accommodations for folks with disabilities."

While not worded this way in the ADA under Section 504 of the Rehabilitation Act (Act before ADA for programs that get federal money) "forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services."

Because Pearson Vue is not allowing people with testing accommodations to use the OnVue Platform, they are excluding them from the service; this is a direct violation of the law. When you exclude people with disability from service, this is what the ADA was meant to prevent. Even there own employees are asking the questions about why people with disabilities can't use the OnVue service.



If we look to the Department of Justice Testing Manual https://archive.ada.gov/taman3.html(III-4.6100 Examinations.)


A private entity offering an examination covered by this section is responsible for selecting and administering the examination in a place and manner that ensures that the examination accurately reflects an individual's aptitude or achievement level or other factor the examination purports to measure, rather than reflecting the individual's impaired sensory, manual, or speaking skills (except where those skills are the factors that the examination purports to measure).

Where necessary, an examiner may be required to provide auxiliary aids or services, unless it can demonstrate that offering a particular auxiliary aid or service would fundamentally alter the examination or result in an undue burden. For individuals with hearing impairments, for example, oral instructions or other aurally delivered materials could be provided through an interpreter, assistive listening device, or other effective method. For individuals with visual impairments, providing examinations and answer sheets on audio tape, in large print or Braille, or providing qualified readers or transcribers to record answers, may be appropriate. Also, some individuals with learning disabilities may need auxiliary aids or services, such as readers, because of problems in perceiving and processing written information. See III-4.3000 for a general discussion of auxiliary aids and services.

In order to ensure that the examination accurately measures the factors that it purports to measure, the entity administering the examination must ensure that the auxiliary aid or service provided is effective.

ILLUSTRATION 1: MNO Testing Service provides a reader for an applicant who is blind who is taking a bar examination, but the reader is unfamiliar with specific terminology used in the examination, mispronounces words, and, because he or she does not understand the questions, is unable to convey the information in the questions or to follow the applicant's instructions effectively. Because of the difficulty in communicating with the reader, the applicant is unable to complete the examination. MNO is not in compliance with the ADA, because the results of the examination will reflect the reader's lack of skill and familiarity with the material, rather than the applicant's knowledge.

 

[Rick Butler]

Because Pearson Vue is not allowing people with testing accommodations to use the OnVue Platform, they are excluding them from the service; this is a direct violation of the law.

Did you actually sue them or bring up some sort of class action suit? Has it gone before a judge at all? I see Goodrich v. Pearson, is this an actual case in play?

 

[Jarrel]

@jgoodrich
Thanks for sharing the details with us.

Per the screenshot, the request for audio version of the exam was not granted, [not because they don't want to accommodate it, but rather] because it is not available. The request for audio is marked as "section 2". Was the request in section 1 granted?

I've had students with special needs {either had dyslexia or were visually impaired}, and they took their exams via Pearson Test Centre. The test centre was contacted prior their schedule so that they could accommodate their needs. I also had a student who had high auditory sensitivity, and was given earplugs during the exam.

On the other hand, I had a student who had mobility challenges so he took the exam online instead. No further arrangement was needed as he can then just take the exam on desktop while sitting on a computer chair.

I hope you get to find a resolution with your cases.
As for me and my students, we simply try to work with the system to find a solution that is win-win to both parties.

 

[jgoodrich]

@jgoodrich
Thanks for sharing the details with us.

Per the screenshot, the request for audio version of the exam was not granted, [not because they don't want to accommodate it, but rather] because it is not available. The request for audio is marked as "section 2". Was the request in section 1 granted?

I've had students with special needs {either had dyslexia or were visually impaired}, and they took their exams via Pearson Test Centre. The test centre was contacted prior their schedule so that they could accommodate their needs. I also had a student who had high auditory sensitivity, and was given earplugs during the exam.

On the other hand, I had a student who had mobility challenges so he took the exam online instead. No further arrangement was needed as he can then just take the exam on desktop while sitting on a computer chair.

I hope you get to find a resolution with your cases.
As for me and my students, we simply try to work with the system to find a solution that is win-win to both parties.

Jarrell,

I find it interesting that you OnVue testing accommodations for a person, as they claim the don't grant them. This is the problem, they should be applied universally.

"We simply try to work with the system to find a solution that is win-win to both parties." Remember that the law is the system, the ADA and the 504 are what organizations must comply with. So if does not violate the ADA or 504 that is the system.

 

[Jarrel]

@jgoodrich - All the best to you!

You asked, I simply responded.
No arguments on my end.

If you need to contact the Pearson Accessibility Team for Assessments, check out this link:

Home

The website for the Pearson Accessibility Assessment Division.

accessibility.pearson.com

 

[jcrochon]

On a similar note, I’m having trouble configuring CertMaster Learn + Labs to be equitable for students with disabilities. For example, we have a list of items a student is given: 1.5 times the amount of quiz or assessment time.
Am I missing the place to configure these settings?

 

[Fanuel]

I found the discussion so interesting

 

[mviola859]

jgoodrich,

One of my legally blind students uses a text magnification application program to do all of her assignments. She is not allowed to use this during her at home CompTIA certification exams with PearsonVue. She would need someone to read her the test questions at home during the exam. She lives too far away from a PearsonVue testing center and must test at home.

She has contacted PearsonVue on many occasions for this special accommodation but has never received a response to this request. She has tried numerous times through different communication channels including emailing the PearsonVue accommodations person. I have worked for other testing companies and have seen plenty of legal accredited "test readers" come with a special needs person and read them the questions. We had a special room with a big window next to where we administered on-site testing. If the student is on camera during the test why can they not accommodate this at home? I'm not sure why PearsonVue is not responding. Has any progress been made on your end jgoodrich?

 

[LynW]

So Rick,

Just an FYI I am an attorney (in addition to teaching and cybersecurity tech guy) and do practice in the disability law space. I am working with the Pearson Legal team and have been for three years. The problem is here is what they say in accommodations letters. It seems to always be a fight with them on any accommodations. I have many students I have walked through the process, and then even for myself, they refuse to do it 50% of the time.

By providing this information, I am hoping to help others that guide our students though this difficult process.

View attachment 1209 View attachment 1210


This is what I got back for my request for my disability of dyslexia. I have taken the LSAT, MPRE, Bar Exam, Law School Test, FAA 107 Exam, and other tests all with an audio copy or screen reader. Pearson refuses to have an Audio copy of the exams or a screen reader. They block Microsoft Windows accessibility tools.


"People with disabilities are barred from the PearonVue Online Testing platform.", well, in the eyes of the law, this statement isn't true. People with disabilities are not barred from OnVUE. The actual argument here is that OnVUE isn't making accommodations for folks with disabilities."

While not worded this way in the ADA under Section 504 of the Rehabilitation Act (Act before ADA for programs that get federal money) "forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services."

Because Pearson Vue is not allowing people with testing accommodations to use the OnVue Platform, they are excluding them from the service; this is a direct violation of the law. When you exclude people with disability from service, this is what the ADA was meant to prevent. Even there own employees are asking the questions about why people with disabilities can't use the OnVue service.

View attachment 1211

If we look to the Department of Justice Testing Manual https://archive.ada.gov/taman3.html(III-4.6100 Examinations.)


A private entity offering an examination covered by this section is responsible for selecting and administering the examination in a place and manner that ensures that the examination accurately reflects an individual's aptitude or achievement level or other factor the examination purports to measure, rather than reflecting the individual's impaired sensory, manual, or speaking skills (except where those skills are the factors that the examination purports to measure).

Where necessary, an examiner may be required to provide auxiliary aids or services, unless it can demonstrate that offering a particular auxiliary aid or service would fundamentally alter the examination or result in an undue burden. For individuals with hearing impairments, for example, oral instructions or other aurally delivered materials could be provided through an interpreter, assistive listening device, or other effective method. For individuals with visual impairments, providing examinations and answer sheets on audio tape, in large print or Braille, or providing qualified readers or transcribers to record answers, may be appropriate. Also, some individuals with learning disabilities may need auxiliary aids or services, such as readers, because of problems in perceiving and processing written information. See III-4.3000 for a general discussion of auxiliary aids and services.

In order to ensure that the examination accurately measures the factors that it purports to measure, the entity administering the examination must ensure that the auxiliary aid or service provided is effective.

ILLUSTRATION 1: MNO Testing Service provides a reader for an applicant who is blind who is taking a bar examination, but the reader is unfamiliar with specific terminology used in the examination, mispronounces words, and, because he or she does not understand the questions, is unable to convey the information in the questions or to follow the applicant's instructions effectively. Because of the difficulty in communicating with the reader, the applicant is unable to complete the examination. MNO is not in compliance with the ADA, because the results of the examination will reflect the reader's lack of skill and familiarity with the material, rather than the applicant's knowledge.n

Thank you for bringing attention to the challenges for students with disabilities. While I recognize every accommodation is unique, one of my students had an accommodation approved for a reader while using OnVue - the live person sat beside my student and was monitored while reading the exam questions aloud. I have overall been pleased with Pearson in their review and approval for my students with disabilities. While the process does require documentation and takes time, it can mean the difference between gaining certification and not. I agree that this process should be consistent for everyone.

 

[Rick Butler]

While I recognize every accommodation is unique, one of my students had an accommodation approved for a reader while using OnVue

So, the OP and others expressed an issue with getting this approved - having difficulty just getting a response. What was that experience like?

 

[LynW]

So, the OP and others expressed an issue with getting this approved - having difficulty just getting a response. What was that experience like?

Rick, thank you for asking. Perhaps this experience is unique in that it was support-driven. We have all heard the adage, "it's who you know." Becoming informed on career success networks in your state or country is essential. When educators and schools, community-based organizations and healthcare professionals work together to support an individual, equity improves. I consider it my role to promote thoughtful use of accommodations in testing. For example, if reading literacy is being tested, providing a reader is less likely to be appropriate. That is not the case with technology/IT certifications, providing an experienced IT person to assist during a testing session could skew toward a positive result. And tech-driven assistive technology on an individual's computer may not be compliant with proprietary testing.

My student's accommodations were specifically for a human reader and not a technology-based option unless that was used at an approved testing center on a computer -- controlled, administered and secured by the center. The tester and reader signed non-disclosure and procedure agreements with Pearson. The integration of support from various organizations allowed four of us to work together. Each of us, as distinct professionals, worked in our roles to ensure medical documentation, request forms, discovery and follow-up phone calls with Pearson complied with privacy and confidentiality. These steps combined with testing preparation aligned for a seamless experience, with the hope to reduce stress for the learner/tester. I want to point out that this necessitated intentional efforts to create. For any certification to have value, I think an onus should be placed on test developers to be very thoughtful in designing tests that can be both accessible, and maintain the integrity and security of the questions.

PS. I love your Sherlock Holmes quote.

 

[abiodun1991]

I am looking to find out how many people have students or themselves have problems with Pearson Vue and Accommodations issues. I am getting ready to draft a demand to PearonVue on this matter.

It seems to me that Pearson is violating the ADA on several levels.

PersonVue refuses to allow accommodation on the at-home testing platform PerasonVue Online Testing. This is a direct violation of the ADA under Title III. People with disabilities are barred from the PearonVue Online Testing platform. People with mobility disabilities are forced to go to a testing center, leave their homes, get rides to the testing centers, go to some testing centers that are not ADA compliant, then test in public. At the same time, people without disabilities are allowed to test anywhere.

"The ADA requires that any person offering examinations related to post-secondary education or profession “shall offer such examinations or courses in a place and manner accessible to persons with disabilities.” 42 U.S.C. § 12189. Regulations interpreting this section to impose an obligation on the entity offering such an examination that “ [t]he examination is selected and administered so as to best ensure that, when the examination is administered to an individual with a disability that impairs sensory, manual, or speaking skills, the examination results accurately reflect the individual's aptitude or achievement level or whatever other factor the examination purports to measure, rather than reflecting the individual‟s impaired sensory, manual, or speaking skills.” 28 C.F.R. § 36.309."

The ADA makes it unlawful to “coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, any right granted or protected by this Act.” 42 U.S.C. § 12203.

The ADA requires that any person offering examinations related to post-secondary education or profession “shall offer such examinations or courses in a place and manner accessible to persons with disabilities.” 42 U.S.C. § 12189. As part of this duty to make an examination accessible, the regulations require that any documentation requested be “reasonable and limited to the need for the modification, accommodation, or auxiliary aid or service requested.” 28 C.F.R. § 36.309(b)(1)(iv).

After reading your message then i saw the reason the disable should go to test center.

 

[Rick Butler]

Rick, thank you for asking. Perhaps this experience is unique in that it was support-driven. We have all heard the adage, "it's who you know." Becoming informed on career success networks in your state or country is essential. When educators and schools, community-based organizations and healthcare professionals work together to support an individual, equity improves. I consider it my role to promote thoughtful use of accommodations in testing. For example, if reading literacy is being tested, providing a reader is less likely to be appropriate. That is not the case with technology/IT certifications, providing an experienced IT person to assist during a testing session could skew toward a positive result. And tech-driven assistive technology on an individual's computer may not be compliant with proprietary testing.

Well, I don't believe anyone would advocate to having someone riding side saddle that could be seen as assisting in the content assessment of a cert exam, so it's a sticky wicket to have a helper in the room, particularly trying to maintain the testing integrity.

My student's accommodations were specifically for a human reader and not a technology-based option unless that was used at an approved testing center on a computer -- controlled, administered and secured by the center. The tester and reader signed non-disclosure and procedure agreements with Pearson. The integration of support from various organizations allowed four of us to work together. Each of us, as distinct professionals, worked in our roles to ensure medical documentation, request forms, discovery and follow-up phone calls with Pearson complied with privacy and confidentiality. These steps combined with testing preparation aligned for a seamless experience, with the hope to reduce stress for the learner/tester. I want to point out that this necessitated intentional efforts to create.

Very good information to know. Thank you for your detail!

For any certification to have value, I think an onus should be placed on test developers to be very thoughtful in designing tests that can be both accessible, and maintain the integrity and security of the questions.

That's always the argument, isn't it?

PS. I love your Sherlock Holmes quote.

I appreciate the props on that. Sherlock Holmes is very much my fictional spirit guide. There is something quite refreshing in being dispassionate about how facts relate in a world that has very much become overrun by an overabundance of emotion.