Greetings Members!
I hope everyone is having an amazing summer. In case anyone is planning on taking the MPRE in August, I thought I'd post some info regarding accommodations. Please check out the Hastings' website for more information at http://www.uchastings.edu/disability/preparing-bar/overview.html
- Katie
Document, Document, Document …
You have a right to be treated in a nondiscriminatory manner. You are entitled to testing accommodations if you establish your disability and your need for the accommodations. However, your petition is only as good as the documentation provided.
Keep good records of all information related to your disability, information you don’t think you need could prove vital to the committee’s decision. In some cases, the accommodations petition for the MPRE has more specific documentation than the bar accommodations petition. If you apply for accommodations on the MPRE, you may have additional testing and documentation that you can include in your bar petition. For example:
- Copies of all historical documentation related to your disability, including:
- Verification of accommodation for any previous tests.
- Test scores of any previous tests (with and without accommodation).
- A short personal statement describing:
- The nature of your disability or impairment,
- When you were first formally diagnosed
- How that disability or impairment impacts your daily activities, including activities within an educational setting.
As with all written documentation, your statement should address how your disability or impairment affects your ability to take the bar exam under standard testing conditions. This statement can be the same letter that you submitted for the MPRE.
The Accommodations Process (The MPRE)
The Multistate Professional Responsibility Exam (MPRE) is a multiple choice examination that is required for admission to practice law in most states, including California. The exam lasts for two-hours and five minutes. Applicants do not use a computer.
Given the difference in length and format, your accommodation needs for the MPRE may be different from those needed for the bar exam. Additionally, accommodations provided may be different from those provided for the bar exam. For example, students may use a screen reading program for the bar exam. For security reasons, this accommodation is not currently available on the MPRE.
Accommodations available for the MPRE include:
- Enlarged print, Braille or audio versions of the exam for students who cannot read the standard exam, which is printed in 9.5-point type.
- Additional time to complete the exam if it is deemed necessary to ameliorate the impact of a student’s disability.
- Ergonomic seating for students with mobility impairments.
- A scribe to complete the scantron, for students with vision impairments or trouble with manual tasks.
If you decide to apply for accommodations, apply early. It may take up to a month to process the application. If an applicant applies early enough, the NCBE can inform a student in time to send supplemental material by the filing deadline. Applicants must request accommodations at the time they apply for the examination. Requests received after the late registration deadline will be rejected.
The petition process differs in some ways from the process for the bar exam. Instead of completing forms, an applicant must submit a written request (preferably a letter) for accommodations.
All petitions for accommodations must be supported by documentation explaining how the applicant’s impairment limits one or more major life activities. To be granted accommodations on the MPRE, the documentation must be highly specific. The NCBE often mandates that applicants requesting certain accommodations meet specific diagnostic criteria.
All materials should be sent together. Materials sent separately run the risk of getting lost, making an applicant’s accommodation request incomplete.
NCBE reserves the right to independently evaluate documentation submitted by examinees who request accommodations and to make the final judgment as to the sufficiency of the documentation.
Include current (within the last five years) documentation by a doctor or other qualified specialist who has experience and training in treating your disability.
Documentation must be submitted by a qualified diagnostician.
A qualified diagnostician is a person with professional training and experience treating the person with the disability.
For physical disabilities, documentation must be completed by a qualified physician.
All documentation should include the following information:
- The name, title, and professional credentials of the diagnostician or physician.
- History of the impairment that requires testing accommodations.
- The specific accommodations requested and the rationale behind the request, including an explanation of how the requested accommodation(s) will ameliorate the impact of the condition.
- If an applicant requests additional time, the documentation must state the precise amount of time requested, and the rationale for the additional time.
- If an applicant received accommodations in law school, on prior standardized tests, the LSAT or any bar exams, the applicant should enclose documentation of prior accommodations. If the documentation is not available, the applicant should write a detailed description of previous accommodations or assistance provided. Accommodations granted on previous occasions do not guarantee similar accommodations for the MPRE.
- If any element of the documentation is not provided, an explanation by the physician or diagnostician as to why it was not included.
Documentation for visual, hearing, psychological, emotional, or physical disorders must be current within one year of the filing deadline. The documentation must provide:
- Detailed results from a complete, appropriate diagnostic examination.
- A detailed explanation of the applicant’s diagnosis, the treatment provided, and the date of the most recent treatment and/or consultation.
- An assessment of the functional limitations for which the accommodations are requested and how they relate to the applicant’s ability to take the MPRE.
For example:
An applicant with low vision may ask for additional time on the exam and a scribe to transfer the answers onto the scantron. The applicant’s documentation must submit the results of an ocular exam, explain how the vision impairment impacts the applicant’s reading pace and ability to accurately mark a scantron.
Learning Disabilities, ADD and ADHD
Diagnoses of learning disabilities, ADD and ADHD must be supported by detailed documentation including:
- A description of the presenting problems and the developmental history.
- Neuropsychological or psycho educational evaluations and comprehensive aptitude and achievement tests.
All supporting documentation must be dated from within 12 months prior to the filing deadline. Documentation between 12 and 24 months old will be accepted if it is accompanied by a letter from a qualified professional and it provides updated information about the applicant’s current treatment, current level of functioning and continued rationale for needing the accommodations.
A complete list of the documentation needed for the MPRE is available at www.ncbex.org/multistate-tests/mpre/ada-accommodations/testing.
For more information or clarifications regarding accommodations, contact
MPRE Accommodations301 ACT Drive
P.O. Box 4001
Iowa City, IA 52243-4001
Fax: (319) 337-1122
mpre.ada@act.org
How to talk to your doctor regarding accommodationsDoctors may not be familiar with how the law defines disability under the ADA. For instance, the doctor may believe that a person is only disabled if that person is unable to work. It may be helpful to give your doctor some basic information about disability law and the types of conditions that might qualify as disabilities. Doctors do not need to make legal conclusions about whether you are protected under the ADA or FEHA, they need only to document your condition and how it affects your activities.
If you received accommodations during law school, you are already familiar with asking your doctor or diagnostician to complete accommodations requests. At University of California law schools, students requesting accommodations use Disability Documentation forms. These forms give treating doctors or diagnosticians an opportunity to read about the ADA and provide them an opportunity to explain how a specified impairment affects a particular student. If you received accommodations in law school, bringthis documentation to your appointment with you. These forms give an idea of the level of specificity the Committee is looking for.
Remember that most doctors have not taken the bar or professional responsibility exams. It will be helpful to give details about how the exams work. The more the doctor knows about the format of the bar exam and the MPRE, the better prepared the doctor is in evaluating your limitations and needs in the context of the exams.
Give your doctor as much information as he needs to complete the forms, even if it means volunteering information the doctor may already know. If you take medication the doctor should evaluate whether the medication might impact your ability to take the exam.
For example, you may take medication to alleviate – mitigate – pain. Under the ADA Amendments Act of 2008, a person’s disability must be evaluated without regard to mitigating measures. The fact that your medication controls some of your symptoms is not something that should be considered in deciding whether you are disabled. However, the medication itself may cause other functional limitations in a test taking environment. If the medication causes excessive fatigue or impairs your ability to focus or type, the doctor should explain that in the documentation.
You also may wish to consult with an expert in the field for your type of disability. The expert can help determine whether your medical and other supporting documentation is adequate and appropriate for the type of accommodations you’re seeking. The expert may also wish to write you an opinion, which you may submit with your petition. This will give the Committee a more complete picture of your disability and how it impacts you on an exam.
Dear Members,
