[blindlaw] Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate

James Pepper b75205 at gmail.com
Thu Feb 11 14:36:03 UTC 2010


Does anyone have a copy of this exam, or a practice exam so i can
demonstrate how to make it accessible?

James G. Pepper

On Thu, Feb 11, 2010 at 5:43 AM, Freeh, Jessica <JFreeh at nfb.org> wrote:

>
>
> FOR IMMEDIATE RELEASE
>
>
>
> CONTACT:
>
> Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext.
> 2330
>
> Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979
>
> Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030
>
> Anna Levine, Disability Rights Advocates, (510) 665-8644
>
>
>
> Federal Judge Orders the National Conference of Bar Examiners
> to Provide Individualized Testing Accommodations
>
> to Blind Law School Graduate
>
>
>
> San Francisco, California (February 5, 2010):  A federal court has ruled
> that the National Conference of Bar Examiners (NCBE) will cause a blind law
> school graduate irreparable harm unless it provides her the technology-based
> testing accommodations she needs to take two exams required to become a
> member of the State Bar of California.  The court issued its ruling in an
> order granting the law school graduate's motion for preliminary injunction
> on Thursday, February 4, 2010.  The court's ruling allows the plaintiff,
> Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE)
> and March 2010 Multistate Professional Responsibility Examination (MPRE) on
> a laptop computer equipped with the assistive technology software Ms. Enyart
> relies upon for screen reading (JAWS) and screen magnification (ZoomText).
>
>
>
> Dr. Marc Maurer, President of the National Federation of the Blind, said:
> "The National Federation of the Blind is extremely pleased with the ruling
> in this case.  Law and equity simply do not permit the NCBE to dictate a
> one-size-fits-all solution for all bar candidates with disabilities.  We
> hope that this ruling will cause the NCBE to think long and hard before it
> denies the requested accommodations of applicants to take its examinations."
>
>
>
> The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my
> first request for accommodations on the March 2009 MPRE, and tonight I can
> go to sleep knowing when and how I can effectively take the exams to fulfill
> my dreams."
>
>
>
> Anna Levine of Disability Rights Advocates, an attorney representing the
> plaintiff, said: "I hope that our hard-fought victory here will send a
> message to testing organizations that they need to comply with the ADA and
> provide each individual test taker with a disability the accommodations that
> he or she needs to demonstrate his or her actual knowledge, skills, and
> abilities."
>
>
>
> The suit was filed on November 3, 2009, due to the NCBE's refusal, on
> multiple occasions during the past year, to allow Ms. Enyart to use the same
> technology on the MBE and MPRE that she has used on university and law
> school exams and in various jobs and internships.  The suit charged that the
> NCBE violated the Americans with Disabilities Act (ADA) and California's
> Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE.
>
>
>
> NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by
> offering alternative accommodations, such as a human reader, notwithstanding
> evidence that these alternatives did not, in fact, accommodate Ms. Enyart's
> disability.  In rejecting NCBE's argument, the court's ruling paves the way
> for other individuals prevented from pursuing their professional dreams by
> high stakes testing providers who take a rigid approach to disability
> accommodations.
>
>
>
> The plaintiff is represented with the support of the National Federation of
> the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown,
> Goldstein & Levy, LLP, in Baltimore, Maryland.  The plaintiff is further
> represented by Disability Rights Advocates, a nonprofit law center that
> specializes in civil rights cases on behalf of persons with disabilities,
> based in Berkeley, California.
>
>
>
>
>
> ###
>
>
>
> About the National Federation of the Blind
>
>
>
> With more than 50,000 members, the National Federation of the Blind (NFB)
> is the largest and most influential membership organization of blind people
> in the United States.  The NFB improves blind people's lives through
> advocacy, education, research, technology, and programs encouraging
> independence and self-confidence.  It is the leading force in the blindness
> field today and the voice of the nation's blind.  In January 2004 the NFB
> opened the National Federation of the Blind Jernigan Institute, the first
> research and training center in the United States for the blind led by the
> blind.
>
>
>
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