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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 2009 Exam = First Tuesday in December (December 2, 2008) |
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July 2009 Exam = First Tuesday in May (May 5, 2009) |
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****FILING DEADLINES – MAIL OPTION**** |
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The Board
considers an application “filed” when it is received in the Board’s
offices. However, if you mail your application, then if
your envelope bears a postmark on or before the deadline and has sufficient
postage, AND your Application is signed and notarized and is otherwise
complete, then it will be considered filed as of the date the postmark
shows it was mailed. |
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