Sec. 6000.7. Test accommodations for applicants with disabilities (effective January 27, 2021)

(a) Purpose.

The bar examination is intended to test qualified applicants for knowledge and skills relevant to the practice of law. In accordance with the Americans with Disabilities Act of 1990 as amended (42 U.S.C.S. § 12101 et seq.) (ADA) and applicable regulations and case law, it is the policy of the board to provide accommodations in testing conditions to applicants with disabilities who are qualified candidates for the bar examination and the NYLE, to the extent such accommodations are timely requested, reasonable, not unduly burdensome, consistent with the nature and purpose of the examination and necessitated by the applicant's disability.

(b) Definitions.

For purposes of this section:

(1) The term disability shall mean a disability as that term is defined under the ADA, applicable regulations and case law.

(2) The term qualified professional shall mean a licensed physician, psychologist, psychiatrist or other health care provider who has comprehensive training in the field related to the applicant's disability and who conducted an individualized assessment of the applicant.

(c) Application process.

(1) Application materials. The application materials and board guidelines for requesting test accommodations shall be available on the board's website. Applicants who have not previously been awarded test accommodations by the board must submit an application for test accommodations, together with all supporting documentation, by the deadline as set forth herein. Applicants who have previously been awarded test accommodations by the board must submit a re-application for test accommodations, together with any supporting documentation, by the deadline as set forth herein. Faxed copies of a paper application or re-application for test accommodations will not be accepted.

(2) Filing deadline.

(i) New York State Bar Examination (UBE). Applications and re-applications for test accommodations for an administration of the New York State Bar Examination, together with all required supporting documentation, shall be received by the board within six months prior to the date of the examination for which accommodations are requested but no later than April 30th for the subsequent July administration, and no later than November 30th for the subsequent February administration. No request for testing accommodations that is received by the board after the designated deadline will be accepted. No extensions will be granted for accommodation requests, and no late requests will be considered.

(ii) NYLE. Applications and re-applications for test accommodations for an administration of the NYLE, together with all required supporting documentation, shall be received by the board within six months prior to the date of the examination for which accommodations are requested and at least 90 days prior to the date of the administration of the NYLE for which test accommodations are requested. If, however, the re-application is seeking the same test accommodations as previously awarded by the board for a prior administration of either the New York State Bar Examination or the NYLE with no additional or different accommodations, then the re-application must be received by the board at least 30 days prior to the date of the administration of the NYLE for which the test accommodations are requested. No request for testing accommodations that is received by the board after the designated deadline will be accepted. No extensions will be granted for accommodation requests, and no late requests will be considered.

(3) Incomplete and untimely applications. Applications which are incomplete or not timely filed shall be rejected.

(4) Medical documentation. All applications must be supported by medical documentation in accordance with the board's guidelines.

(5) Independent evaluations. The board reserves the right to have an application, together with all supporting documentation, evaluated by an expert retained by the board. The board may, in its discretion, require the applicant to provide additional information and documentation and may also require the applicant to submit to examination by an expert retained by the board.

(d) Determinations.

The board shall act upon all applications which are complete, timely and submitted in full compliance with the foregoing provisions of this section, and shall notify the applicant of its determination no later than 20 days prior to the date of the examination for which such accommodations are requested. If the application is denied in whole or in part, the board's notification shall state the reason(s) for such denial.

(e) Appeals.

Any applicant whose application is denied in whole or in part may appeal the determination by filing a verified petition responding to the board’s stated reason(s) for denial. The petition must attest to the truth and accuracy of the statements made therein, be made under penalty of perjury and be notarized. The petition may be supported by a report from the applicant’s examiner clarifying facts and identifying documentation, if any, which the board allegedly overlooked or misapprehended. The appeal may not present any new diagnosis or disability that was not identified in the applicant's application. Original signed and notarized appeals must be received at the board's office no later than 14 days from the date of the board’s determination. The board shall decide such appeal and shall notify the applicant of its decision prior to the date of the examination for which the accommodations were requested.

(f) Delegation.

The board may, in its discretion, delegate to any of its members, or to its executive director, deputy executive director or counsel, all or any part of its duties and responsibilities under the foregoing provisions of this section, other than its responsibilities under subdivision (e) of this section in connection with appeals.