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THE BOARD OF LAW EXAMINERS OF THE |
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STATE OF NORTH CAROLINA POLICY FOR |
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SPECIAL ACCOMMODATIONS FOR DISABLED APPLICANTS |
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February 2011 Exam = First Tuesday in December (December 7, 2010) |
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July 2011 Exam = First Tuesday in May (May 3, 2011) |
It is the policy of the Board of Law Examiners of
the State of North Carolina to provide reasonable accommodations for disabled
applicants including persons with learning disabilities and persons with health
impairments. The bar examination will be administered to all eligible
applicants in a manner that does not discriminate against those applicants with
disabilities.
Persons needing special accommodations on examinations should make written
request to the Board to obtain the necessary information, procedures and
written forms. Appropriate current documentation is required by the Board with
each petition submitted.
Upon written petition to the Board the manner in which the examination is
administered to an applicant may be modified while maintaining the security and
integrity of the examination.
An applicant must submit a written request for special testing accommodations
on forms prescribed by the Board no later than the first Tuesday in December
for the February examination and the first Tuesday in May for the July
examination. Relief from the filing deadline may be granted for good
cause which shall be shown by proof of a substantial and material change in the
applicant's condition from the condition that the applicant possessed prior to
the deadlines set out above.
Applicants must submit a current medical verification prepared by a licensed
professional qualified to diagnose such disability who can describe the nature
and extent of the disability. The Board may have this medical verification
reviewed by a licensed professional retained by the Board to verify the nature
and extent of any disability or impairment.
In addition to the medical verification the Board may require the applicant to
provide additional information in support of applicant's request. This
information may include but is not limited to information concerning special
accommodations provided during the applicant's law school education and
certification from official representatives of the school where such
accommodations were provided. The Board may also require the applicant at the
applicant's own expense to undergo a physical examination to be conducted by a
licensed professional designated by the Board verifying the nature and extent
of the impairment.
The Board may rely upon the opinion of the licensed professional(s) retained or
designated by the Board in determining whether and/or to what extent to grant
the applicant's request.
1.
Depending on the nature and extent of an applicant's disability, the exam may
be administered to the applicant in a separate room at the examination site.
2. Applicants assigned to a separate testing room will be monitored by the
Board's staff.
3. The Board may provide at the request of a blind or sight impaired applicant
the MBE in Braille or in large print provided such request is made at least 90
days in advance. The Board may also provide the essay in Braille or in large
print with at least 60 days notice.
4. The applicant may choose and use the services of a special assistant. This
person may not provide substantive assistance to the applicant, but may read
the essay and/or the MBE questions to the applicant. The special assistant may
type or write the applicant's answers to the essay questions and fill in the
MBE answer sheet at the applicant's direction.
a. If the applicant chooses to use a special assistant the applicant must
provide background information regarding the special assistant to the Board.
The special assistant shall not have any legal related employment or education.
b. The Executive Director must approve the special assistant.
5. The
Board may allow a disabled applicant additional time to complete the MBE and
the essay portions of the examination. The additional time shall not extend
past the designated day as prescribed for each portion of the examination. Rest
breaks may also be allowed.
6. An applicant seeking special testing accommodations due to a learning disability,
Attention Deficit Disorder (ADD/ADHD) or a similar type disability or
disorder,
must provide appropriate documentation provided by a licensed professional
qualified to diagnose such disability including but not limited to a licensed
physician,
learning disability specialist or psychologist.
a. The documentation must:
include the testing procedures followed, the
tests used to assess the disability, the tests results and an interpretation of
the test results.
reflect the individual's present achievement
level, be as comprehensive as possible and be dated no more than three years
prior to the request for special testing accommodations.
include test results for
at the least the following characteristics: intelligence, capillary reading
rate, reading comprehension, spelling, mathematical comprehension, memory and
processing skills if applicable for that particular disability.
b. Prior to consideration of this request
an analysis of the documentation will
be assessed by the Board's expert on learning disabilities, ADD/ADHD or similar
disability or disorder.
7. The Board shall determine the security measures
necessary to ensure that any special testing accommodations approved under this
policy do not compromise the security or integrity of the examination or the
integrity of the applicant's answers.
Adopted December 13, 1991
Revised October 18, 1995
Revised August 22, 1996
A. REGULAR REQUESTS
1. A regular request for special testing accommodations shall be on forms
prescribed by the Board and shall consist of the following:
a. A petition for special accommodations including a
description of the applicant's disability and the special accommodations
requested;
b. A declaration from an appropriately qualified medical or psychological
authority certifying the nature and extent of the disability; attesting to the
need for the requesting accommodations, and explaining why the requested accommodations
are necessary;
c. A statement of an official of each law school
that provided special accommodations to the applicant while the applicant
attended the law school.
The applicant may file any additional documentation in support of the
request.
2. The petition for special testing accommodations shall be filed by the
applicant by the applicable deadlines.
B. EMERGENCY REQUESTS
1. An applicant may file an emergency request for special accommodations
after the applicable deadline if all of the following conditions are met:
a. The applicant's application to take the bar examination was timely
filed and completed in all other respects;
b. At the time of the filing of the application the applicant did not
have
the disability;
c. After acquiring the disability the applicant
promptly submitted both of the following:
i. An emergency
request on forms prescribed by the Board providing the date and circumstances
under which the disability arose.
ii. A complete request for special testing
accommodations.
C. AVAILABILITY OF REQUEST FORMS
All forms necessary to complete a regular or emergency request for special
testing accommodations shall be available at no charge from the office of the
Board of Law Examiners.
A. PROCEDURES FOR REVIEW OF REQUEST
1. The Executive Director shall review all requests for special testing
accommodations that are properly filed in accordance with the Board's policy.
Requests that are not timely filed, that are incomplete, or that otherwise do
not comply with the requirements of this policy may be rejected from
consideration. An applicant may be requested to submit additional information
in support of the request. The Board may seek the assistance of a medical,
psychological or other authority of the Board's choosing in reviewing a
request.
2. In reviewing a regular request the following procedures will be
observed:
a. After a determination is made, the applicant will
be notified in writing at the address provided by the applicant on the
petition.
b. If a request is denied, the applicant will be notified in writing at
the address provided by the applicant on the petition. The denial shall
include a statement of reasons for denial.
c. The applicant may appeal to the Board the denial of a petition or the granting
of a petition with different accommodations than requested. The appeal shall be
filed within ten days of the applicant's receipt of the notice of denial or
notice of accommodations approved. The appeal shall be conducted on the basis
of the record and the applicant shall be limited to a written argument in
support of the appeal.
d. The Board shall affirm, reverse or
modify the decision of the Executive Director and prepare a written ruling with
reasons for the decision. A copy of the Board's decision will be sent to the
applicant at the address provided by the applicant on the request. The Board's
decision on appeal shall be final.
3. In reviewing an emergency request the
following procedures will be observed:
a. Before deciding the merits of an emergency request, it shall first be
determined by the Executive Director whether the request qualifies as an
emergency request under the Board's policy. If it does not qualify as an
emergency, the Board may deny the request.
b. The request may be denied if it is not
practicable in the time remaining before the examination:
i. To arrange special accommodations that
would provide testing conditions that are reasonable and comparable to those
conditions provided to other applicants; or
ii. For the Board to take all steps
reasonable and necessary for it to reach a fair determination on the merits of
the request before the examination.
c. A determination shall be made on the emergency
request and the applicant will be notified of the determination as soon as
reasonable.
d. The decision
on an emergency request shall be final and is not appealable.
View the letter to applicants requesting special accomodations