Test Accommodation (ADA)

TEST ACCOMMODATIONS ON THE
NEW YORK STATE BAR EXAMINATION

It is the policy of the New York State Board of Law Examiners to provide accommodations in testing conditions to applicants with disabilities during the administration of the bar examination, to the extent such accommodations are reasonable, consistent with the nature and purpose of the examination, and necessitated by the applicant's disability. The Board's objective is to provide effective and necessary accommodations to qualified applicants as defined under the Americans with Disabilities Act, without substantially altering the nature of the examination process. Each applicant's request for test accommodations is evaluated on a case-by-case basis. Applicants should carefully read Board Rule 6000.4 which covers the requirements and procedures for requesting test accommodations, the review process by the Board, and the procedures for filing an appeal in the event your request for test accommodations is denied.

The Americans with Disabilities Act of 1990 (ADA) - The ADA and accompanying regulations define a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. The ADA requires the Board to provide reasonable and necessary test accommodations to disabled persons. The purpose of supporting documentation is to validate that an individual is covered under the ADA as a disabled individual. Determining whether an individual is disabled under the ADA requires a three step inquiry: (1) does the individual suffer from a physical or mental impairment; (2) is a major life activity implicated; and (3) does the specified impairment substantially limit that major life activity as compared to most people. [see, Bragdon v. Abbott, 524 US 624 (1998)] Unless you establish that your disability substantially impairs a major life activity, you will not be entitled to test accommodations on the bar examination.

The Purpose of Test Accommodations - The purpose of test accommodations is to provide equal access to the bar examination. Test Accommodations means an adjustment or modification of the standard testing conditions that alleviates the impact of the applicant's functional limitation on the examination process without fundamentally altering the nature of the examination; imposing an undue administrative or financial burden on the Board; compromising the security, validity or reliability of the examination; or providing an unfair advantage to the applicant with the disability. While presumably the use of accommodations on the bar examination will enable the individual to better demonstrate their knowledge mastery, test accommodations are not a guarantee of improved performance, test completion or a passing score.

Requesting a Change in Test Center or Seat Location - The Request for Test Accommodations Form is to be completed by only those individuals with documented disabilities. The form is not intended for those individuals who wish to change the test center or the seat location where they will be assigned. If you need to be assigned to a different test center, or need to be seated near a restroom or in the front or rear of the test center, you should send a written request to the Board asking for an administrative seat location change setting forth the reasons for the change. The Board will attempt to accommodate such administrative changes based on availability.

HOW TO REQUEST TEST ACCOMMODATIONS
ON THE NEW YORK STATE BAR EXAMINATION

1. You should carefully read all of the instructions that accompany the Request for Test Acommodations Form as they outline and provide details about the steps that must be followed in order for the Board to properly consider and act on your request for test accommodations.

2. You should carefully read the Documentation Guidelines that pertain to your type of disability. Share them with your professional for use in preparing a comprehensive written report.

3. New Request - If this is your first request for test accommodations on the New York State bar examination or if a previous request was denied in its entirety, you must submit a completed Request for Test Accommodations Form together with all required supporting documentation.

4. Re-Applicant - If you received test accommodations for a prior administration of the New York State bar examination you must submit a completed Re-Applicant Request for Test Accommodations Form and if necessary, an updated report from your professional.

5. Send your completed Request for Test Accommodations Form or Re-Applicant Request for Test Accommodations Form together with all required documentation to:

New York State Board of Law Examiners
Office of Test Accommodations
Building 3 - Corporate Plaza
254 Washington Avenue Extension
Albany, NY 12203

6. Filing Deadline -Your completed Request for Test Accommodations Form together with all required supporting documentation must be postmarked no later than 90 days prior to the first date of the bar examination, which is the same deadline for filing your application to take the New York State bar examination. Requests for Test Accommodations and supporting documentation that are postmarked after the deadline will not be considered.

7. The applicable forms and documentation guidelines are contained in the publication Instructions for Requesting Test Accommodations and Guidelines for the Documentation of Disabilities.