The State Bar seeks public comment on revised rule changes addressing the process for seeking and obtaining testing accommodations for the California Bar Exam, First-Year Law Students’ Exam, and the Legal Specialization Exam. Length of comment period: 45 days.
Deadline: October 7, 2023, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Testing accommodations are provided to ensure that an applicant who has a disability or disabilities can access the exam and is afforded an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others. The State Bar is proposing a significant revision to the rules and process for handling requests for testing accommodations for the California Bar Exam, First-Year Law Students’ Exam, and Legal Specialist Exam. The State Bar revised its procedures to create a consistent and transparent process, and designed a streamlined process that seeks to limit applicants’ need to secure additional documentation or medical evaluation.
After an initial round of public comments, the proposal was rewritten to broaden the scope of automatic approvals by eliminating the five-year time limit, give considerable weight to accommodations approved in college or law school for timed examinations, extend the timeline for submitting a request for review to 14 days, and to review additional timelines for processing requests after two exam cycles.
After considering additional public comments received, the proposal has been further amended to reflect extending the automatic approval of testing accommodations up to 100 percent (double time) based on previous grants on other high stakes exams, and providing applicants up to 30 days to request review of a denied or modified request for accommodations if the applicant files their request by the timely filing deadline. Additional language was added to clarify that requests for the same testing accommodations previously approved by the State Bar will be automatically granted if the prior accommodations were approved for a permanent disability, and the applicant certifies that they have the same disability-related functional limitations as the prior exam.
Three key issues addressed by the revised rules proposal center around the topics described below. Your comments are sought for the revised testing accommodations rules in these three areas or any additional area where the public would like to further make comments. (State Bar Rules 4.80 through 4.92).
Automatic approval of accommodations previously granted for high-stakes exams The proposed rules provide for automatic approval for the same (or lesser) accommodations as those previously granted to the applicant for a high-stakes exam based on a permanent physical or mental disability. High stakes exams include California Bar Exam, First-Year Law Students’ Exam, a bar exam in another U.S. jurisdiction, MPRE, LSAT, GRE, GMAT, MCAT, DAT, SAT I, SAT II, ACT, or GED.
In an effort to further streamline the process and reduce the time required to receive a decision, the proposal provides an automatic approval up to 100 percent extra time based on the applicant’s prior approval on other high stakes exams. The applicant need only provide proof of the prior accommodation and certify they are experiencing the same functional limitations as when the prior accommodations were approved. If the accommodations requested include more than 100 percent extra time and/or a private room, the applicant must submit documentation indicating why accommodations beyond 100 percent extra time and/or a distraction-reduced/semi-private room are necessary to access the exam on an equal basis as others. (See Rules 4.83 and 4.85.)
Request review/appeal process deadlinesIn the revised proposal, applicants who file their testing accommodation request by the timely filing deadline will have 30 days from the date of the denial or modified grant to submit their request for review. All other requests for review must be submitted within 14 days of the date of the denial or modified grant unless an examination schedule requires a shorter time for committee review. The State Bar shall continue its practice of offering additional time, upon request of the applicant, to submit the documentation to support the request for review. No extension of time to submit documentation in support of a request for review shall be authorized beyond the appeal deadline of the first business day of the month in which the examination is to be administered. Each applicant will be limited to one request for review per exam cycle. Applicants are permitted to request review again during future exam cycles. (See Rule 4.88.)
Subsequent request for same testing accommodationsAdditional language was added to clarify that an applicant requesting the same testing accommodations previously granted by the State Bar for a permanent disability will have the accommodations automatically granted on a subsequent exam, as long as they certify that they have the same disability-related functional limitations that qualified them for the same accommodations for a prior exam. This revision clarifies that although the same accommodations are not automatically applied to subsequent exams upon withdrawal from or failure of the examination, the request will be automatically granted after the applicant requests the same accommodations and certifies they have the same disability-related functional limitations. An applicant with a temporary disability must submit a new request for testing accommodations and include supporting documentation before the exam application deadline. (See Rule 4.89)
Staff believes that the adoption of the automatic approval process up to 100 percent extra time, in conjunction with the new forms and updated information to applicants and qualified professionals, will result in the ability to process requests more expeditiously. Staff, at this time, is unable to estimate the impact these changes will have on the number of accommodations provided and the resources needed to implement those accommodations, but exam costs are expected to rise as more applicants are granted testing accommodations. These costs may be offset by the automatic approval process and the reduced need for a disability accommodation expert to review applicants’ request for testing accommodations. It will be necessary to explore cost-saving options for administering the exams.
Committee of Bar Examiners
October 7, 2023, 11:59 p.m.