Because testing services have been unable to certify the comparability
of standardized test scores obtained under nonstandard administration
s, the scores of disabled examinees who receive testing accommodations
are flagged to indicate that they might not be completely comparable
to scores obtained under standard conditions. This practice, however,
raises issues of stigma, privacy, and discrimination against disabled
examinees. In this note, the author considers the legal implications o
f flagging nonstandard test scores under the Americans with Disabiliti
es Act and the Rehabilitation Act. The author concludes that the pract
ice is legally objectionable under both acts and advocates that the pr
actice be abandoned.