General Guidelines for Test Accommodations

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UTAH STATE BAR
REQUEST FOR BAR EXAMINATION ACCOMMODATION
GENERAL GUIDELINES
If you have a currently documented disability, and wish to take the Utah State Bar Examination, (“the Bar Exam”)
reasonable non standard test accommodations may be available.
To qualify for a reasonable non standard test accommodation under the Americans With Disabilities Act (“ADA”)
you must show that you are a “qualified applicant with a disability.” A qualified applicant with a disability means an
applicant with a disability who is capable of demonstrating that he or she possesses the skills, abilities and
knowledge tested on the Utah Bar examination with:
(1) reasonable modifications to rules, policies, or practices;
(2) the removal of architectural, communication or transportation barriers; or
(3) the provision of auxiliary aids and services.
“Reasonable accommodations” are defined as an adjustment or modification of standard test conditions that
ameliorates the impact of the applicant’s disability without doing any of the following:
(1) fundamentally altering the nature of the examination or the Bar’s ability to determine through the
examination whether the applicant possesses the skills and knowledge for the practice of law in Utah;
(2) imposing an undue burden on the Bar;
(3) compromising the security of the examination;
(4) compromising the integrity, the reliability or the validity of the examination with respect to all
applicants.
To qualify under the ADA, you must provide evidence that you have an impairment that substantially limits a major
life activity, and demonstrate that the functional limitation resulting from your impairment significantly impacts
your ability to take the Bar Exam. Testing must have been conducted within five years of your request for an
accommodation on the Bar Exam, and depending on the circumstances surrounding your disability, the Special
Accommodations Committee may require more recent testing. All test scores and percentiles should be based on
age-adjusted rather than education adjusted norms. If the documentation you submit is deemed insufficient or
outdated, you will be required to obtain current testing and assessment in order to pursue your request for an
accommodation. You must provide the appropriate forms as follows to the Bar by the dates listed below, or your
accommodation request will be denied without review.
(1) FORM J - Accommodations Eligibility Questionnaire, along with candidate’s personal statement,
providing a description of the disability and the accommodations requested.
(2) FORM K - Statement of Law School Official Form verifying the accommodation provided to the
applicant in law school.
(3) FORM L - Medical Disability Verification Form from a physician or qualified licensed
professional substantiating the disability (whether a physical, neurological, or psychological disorder),
including any and all test results administered in making the diagnosis, and providing a professional
opinion with respect to the need for the accommodation requested.
(4) FORM M - Learning Disability Verification Form from a physician or qualified licensed
professional substantiating a learning disability. Any and all test results administered in making the
diagnosis should be provided, along with a professional opinion with respect to the appropriateness of
the accommodation requested.
(5) FORM N - Attention Deficit –Hyperactivity Disorder Verification Form, from a physician or
qualified licensed professional substantiating the disability, including any and all test results
administered in making the diagnosis, and providing a professional opinion with respect to the need for
the accommodation requested.
(6) FORM O - Medical/Healthcare Information Release.
The Bar will notify you in writing if we need additional information regarding your disability from your health care
provider or testing specialist to process your accommodation request. Submitting an accommodation request packet
does not guarantee that you will receive a Bar Exam accommodation. The fact that you received an accommodation
during college or law school does not guarantee that you will receive an accommodation on the Bar Exam. It is
important that you and your evaluator understand that the mere documentation of the presence of a disability does
not entitle you to an accommodation. Rather, the impact of your disability on your ability to take the Bar
Exam must be quantifiably documented so that reasonable accommodations can be determined. The Bar
reserves the right to make the final decision on all requests for Bar Exam accommodations.
I. Deadlines:
If you are seeking an accommodation, we encourage you to register early for the Bar Exam. You must submit your
accommodation request materials with your registration materials by the regular Bar Exam registration deadline. The
Bar’s Test Accommodations Committee will review your request for accommodations, and will send correspondence
regarding your request for accommodation, including its decision on your accommodation request, to the address you
list on your Bar Exam registration materials. Please note: there are no exceptions to these deadlines.
Accommodation requests submitted after the deadline indicated will be denied without review.
II. Accommodation Options:
The Bar Exam can be made available in large font, Braille, and on audiocassette. Depending on the nature of the
disability, other accommodations may include the use of a reader, a scribe, a private room, or additional testing time.
III. Bar Exam Testing Conditions:
The test is administered in an environment similar to a classroom test setting. The candidates are allowed to use
earplugs, but audio or visual distractions may be present. During the exam, candidates are permitted to leave the
testing area to stretch or use the restroom.
Day 1 of the Bar Exam consists of 6 essay questions and 2 Multistate Practice Test (“MPT”) questions over a 6-hour
period. Candidates are allowed 30 minutes per essay question and one-and-a-half hours per MPT question. An hour
lunch break is provided. Candidates must record their essay answers in written format, either writing by hand or by
typing on a laptop computer. In responding to the Bar Exam questions, candidates must demonstrate their ability to
identify legal issues and principles, analyze complex legal problems, and organize and articulate a comprehensive
analysis of legal issues.
Day 2 of the Bar Exam consists of 200 multiple choice questions answered over a 6-hour period. Candidates are
allowed 3 hours per 100-question section of the test. Candidates answer by filling in circles on a scantron answer
sheet. An hour lunch break is provided.
IV. Information Required for Documenting a Physical or Mental Disability:
A licensed health care provider with expertise in diagnosing and treating your mental or physical disability must
document your disability by completing one or more of the disability verification forms listed above. Your name and
social security number must be clearly indicated on all documents submitted by you and by your health care
provider. It is your responsibility to collect the required forms and medical documentation from your health
care provider and file it with your application by the registration deadline. The evaluation must have been
conducted within the last five years. The diagnostician/evaluator must have comprehensive training and direct
experience in working in the field (such as board certification by a recognized board). In completing the required
forms(s), the evaluator must describe each of the following:
(1) the academic credentials and qualifications that allow the evaluator to diagnose the disability and
recommend accommodations to the Bar Exam.
(2) your impairment, including
(a) diagnosis;
(b) history;
(c) treatment, including medication, and the affect on your condition as a result of current
treatment and/or medication;
(3) any test documentation substantiating the disability, including the results of the Minnesota Multiphasic
Personality Inventory (“MMPI”) where a psychological disorder is claimed;
(4) the physical/mental limitations you currently experience as a result of your impairment;
(5) how long the limitations are expected to last;
(6) how your physical/mental impairment impacts the specific tasks demanded by the Bar Exam; and
(7) how the accommodation you are requesting will reduce the impact of the documented functional limitation
your disability imposes.
A general description of typical symptoms found in people with your condition is not sufficient, nor are chart notes
copied from your medical record without the analysis described above. Requests for accommodations must
reference test results or clinical observations that support the need for the accommodation.
V. Information Required for Documenting a Cognitive Disability:
If you are seeking accommodation because of a cognitive impairment, such as a learning disability, a processing
deficiency, or a physical, medical, or psychological disorder that affects your cognitive abilities, you must submit
the appropriate forms as outlined above. The report from your diagnostician in support of your request for
accommodation must include actual test scores, a specific diagnosis, and must recommend a specific
accommodation based on the impact your disability will have on yourability to perform on the Bar Exam under the
standard testing conditions. The analysis must reference the test results that support the need for the accommodation
and articulate how the accommodation will reduce the impact of your functional limitation. A general description of
typical symptoms found in people with your cognitive impairment is not sufficient, nor are testing notes without the
analysis described above. As part of your accommodation request, you must submit a comprehensive
neuropsychological or psycho-educational report prepared by a qualified diagnostician that was conducted within
the last five years. All test scores and percentiles should be based on age-adjusted rather than education adjusted
norms.
The report must include the following:
(1) a description of your presenting cognitive problem, including developmental history;
(2) a neuropsychological or psycho-educational assessment with reports of aptitude assessments, using a
complete comprehensive battery (e.g. Woodcock-Johnson Psycho-educational Battery-Revised: Tests
of Cognitive Ability, Wechsler Adult Intelligence Scale III);
(3) a complete achievement battery, including current levels of academic functioning in relevant areas
such as reading (decoding and comprehension) and written language (e.g. WoodcockJohnson Psychoeducational Battery-Revised: Tests of Achievement, the Nelson-Denny Reading Skills Test, the
Scholastic Abilities Test for Adults);
(4) an assessment of information processing (e.g. short- and long-term memory, sequential memory,
processing speed, executive functioning) using appropriate instruments (Wechsler Memory Scale,
relevant subtests from the Woodcock-Johnson Psycho-educational Battery-Revised: Tests of Cognitive
Ability; and
(5) other appropriate assessment measures to differentiate a cognitive impairment from coexisting
neurological and/or psychological disorders.
For diagnoses of Attention Deficit/Hyperactivity Disorder (ADHD), you must provide relevant batteries as
described above pursuant to which your diagnostician determined patterns of supportive attention problems. The
report should include a measure of reading speed, and a review of relevant DSM-IV diagnostic criteria for ADHD.
Your diagnostician must state whether the symptoms that cause impairment were present in childhood, the duration
of your current symptoms, and the ameliorative affect of any prescribed medication or treatment.
VI. Submission
Upload all documents for your accommodation request through your online account. There is a place to upload
“Test Accommodation Documentation”.
VII. Notice of Decision on Accommodation Request:
The Bar will notify you in writing of its decision on your request for accommodation.
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