View Full Version : the board of bar examiners


Wish
04-17-07, 01:58 PM
So, I had no problem getting an accommodation for extra time (time and a half) in college and law school. I simply showed them documentation of my testing and diagnosis.

When I applied for an accommodation to take the Colorado bar exam, my request was denied. Not only was my request denied, but the request of everyone I know who applied for an accommodation for ADHD was denied. Their expert told us that we were not disabled under the ADA and other b.s. like that. Thank goodness I managed to pass without extra time. I worry that if I have to take another bar exam to get admitted in another state, I might not be as lucky if they don't grant an accommodation.

Oh, that whole process made me furious. The other thing that bothered me is that I felt like they singled out ADHD and learning related disabilities. People who requested accommodations for vision or hearing related disabilities had no problem getting their accommodations granted after submitting proper documentation. So, it seemed like they were basically saying that our disabilities weren't as real as physicial disabilities.

So, if any of you are looking to become attorneys, you will have one hell of a time getting any sort of accommodation from the bar examiners. I would suggest starting to gather information and make a case at least two years before the date of the bar exam.

QueensU_girl
04-17-07, 02:25 PM
ADHD is a neurological disability of the Frontal Lobe of the brain. This point likely needs to be driven home to them!

If you have Testing Documentation, I can't see how they can deny it.

I wonder if they deny people with MS, or TBIs, or other neurological conditions?

PS. congratulations on your academic acheivements.

VisualImagery
04-17-07, 02:35 PM
First, congratulations on passing! But, it sounds like the bar association does not know the law-the ADA protects people with ADD-do some lawyers need to take on the Bar association? The link below has great information. Maybe you now have your first case! :D A class action suit at that! Someone at the test office must not know the law very well-since they denied all requests. ADHD is a disability under the ADA! Go get 'em woman! Here are some links that may help you understand.

COLORADO SUPREME COURT BOARD OF LAW EXAMINERS-Accommodation Instructions for the Bar (http://64.233.167.104/search?q=cache:VyRjbLp8GxAJ:www.coloradosupremecou rt.com/BLE/Forms/PetitionTestAccommodations.pdf+ADHD+colorado+bar+e xam&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a)
It comes down to this-it is very hard to get accommodations for big time testing in higher ed and professional licensing tests-mostly because of people who lie to take advantage. IMHO-Those people should be disbarred or have to take it again if they lie or misrepresent. I quess there are unethical people trying to become lawyeres scattered among the ethical and truly disabled! (My son is entering law school soon, just did pretty well on the LSAT.)

http://www.jan.wvu.edu/media/ADDADHDPost.html

http://www.apa.org/monitor/dec98/law.html

Why do I know this? Workplace discrimination-but cannot say anymore publicly.

Wish
04-17-07, 03:29 PM
Oh, I know how it works. I had documentation and everything. I did EVERY single thing they asked me to. I even got re-tested for ADHD by a psychologist (which I had to pay for out of pocket). I followed what they asked to the letter and then some.

They said that I was not considered a person with a disability under the ADA because according to their expert I was not significantly impaired in a major life activity. They used the fact that I graduated from law school with above a 3.0 and other factors like that against me as evidence that I wasn't significantly impaired in a major life activity (even though it is because I had extra time and medication that I graduated from law school with above a 3.0). So basically, they took all of my accomplishments and used them against me as reasons why I am not substantially impaired in one or more major life activity.

I hear what you're saying about deception and higher education and professional licenses visual. The thing is that I never had ANY problem with getting accomodations from my law school or college. All they needed to see was documentation and test scores. After I submitted required documentation to the disability office in college and law school, my accommodations were granted just like that. So, the thing that struck me was that I never had any problems with getting accomodations from anyone but the bar examiners.

I understand that the bar examiners may be weary that some people are unethical. However, given that I had a history of accommodations and actual test scores and dx, it seems like not only would i have to lying, but the psychiatrist, psychologist, disability office at college, and the disability office at law school would also all have to be lying. It seems kind of far-fetched to believe all of us were lying and conspiring.

VisualImagery
04-17-07, 03:46 PM
As a recipient of discrimination-all I can say now-I completely understand. I followed the law and knew my rights. But the attitude of someone resulted in a very bad situation.

This sounds very much like it could qualify for an EEOC complaint-somehow people think success = no need of accommodations. They do not know what it took to be successful with your disability! Not having the accommodations impairs. But since you passed the bar, who knows what the outcome would be.

My teacher certification tests-I had no accommodations took me the entire 5 hours each time. I was the last person to leave. I scored quite high on them but it was exhausting and stressful worrying about not finishing. Being smart with ADD seems to make people think we don't need accommodations or have problems with significant life impairments.

The points you raise are so important and truly need to be addressed throughout the education/employment worlds. This is a misunderstood disabiltiy that results in stupidity like you and I have experienced. We sure as heck would not make-up all the struggles we have with this disability-why would we? It would be so nice somedays to not struggle.

Somedays this feels like yelling into the wind.

Wish
04-17-07, 04:19 PM
I thought EEOC was limited to employment discrimination. I wasn't an employee of the CO Board of Bar Examiners. Because I passed the bar without an accommodation, I really don't have any standing to sue the bar examiners. I guarantee you the bar examiners would say see she didn't need an accommodation in the first place cause she passed without one. Unfortunately, there isn't really anything I can do legally other than spread the word that this is happening and try to advocate for professional licensure boards to change their policies regarding learning related disabilities.

You raise an interesting point about employers and educators. However, I think the place where accommodations are most lacking are professional licensing boards. I've known several people who never had a single problem getting accommodations with ADHD until they had to take a professional licensure exam.

In addition, because virtually every university in the U.S. accepts federal funding, they risk losing federal grants and federal student financial aid if they refuse to comply with the ADA. So most universities have a hefty financial incentive to comply with the ADA. Unfortunately there isn't any leverage like this that people can use with professional licensure boards.

VisualImagery
04-17-07, 05:10 PM
Money talks and has power-You are right, I think education discrim comes under the ADA-check the JAN website-it has stuff about education and accommodations. BTW-the GRE is just as restrictive. However, I have anxiety, arthritis and chronic pain from fibromyalgia and these are allowed "minor accommodations" without all the documentation and would allow breaks for meds, food, stretching-some of what I would need for ADD accommodations anyways. Breaks especially Therse are pretty simple to get. So if I decide to get my PhD, I will probably go that direction instead. That alone will help-I could then think tnrough the writing part during a break-very helpful.

Take care-I am so glad you passed!

Wish
04-17-07, 06:00 PM
Yeah I hear you about GRE. I didn't even bother applying for accommodations for the LSAT because my score would have been flagged when it was sent to law schools.

Crazy
10-17-07, 06:01 AM
How did you manage to get through the LSAT? How did you do? I'm struggling. Advice welcome.