[blindlaw] Federal Judge Orders the National Conference of BarExaminers .
AZNOR99 at aol.com
AZNOR99 at aol.com
Fri Feb 12 00:31:48 UTC 2010
I believe clerkships such as hers have a time limit, so it's pretty likely
she won't have a job for long. She's already had to wait over a year for
the NCBE, meaning her life has been in limbo, her earned income potential is
lower than had she taken and passed a Bar Exam, and her future is
uncertain. And really, if they're so worried about their security, then why are
States providing their essay exams in electronic format? That's saying
nothing of Government Agency employment exams, the Foreign Service Exam, and
tests such as AP and CLEP. Why can't they incrypt the data like government
agencies and corporations do?
Keep fighting, Stephanie! Common sense will succeed in the end.
Ronza
In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time,
cdanielsen8 at aol.com writes:
These guys are so gonna lose. How can they argue that waiting for
appellate
review will not harm Stephanie? It puts her career on hold. Sure, she has a
job, but her opportunities would be greater financially and otherwise if
she
were licensed. I cannot see how they win on the merits.
Chris
-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of AZNOR99 at aol.com
Sent: Thursday, February 11, 2010 10:47 AM
To: blindlaw at nfbnet.org
Subject: Re: [blindlaw] Federal Judge Orders the National Conference of
BarExaminers ...
It's not over yet. See article below from ABA Journal.
_http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp)
Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th
Cir. Software Ban
A federal judge's ruling last month that Stephanie Enyart must be allowed
to use screen-reader software when taking the Multistate Bar Examination
might not be the final answer for the blind law graduate.
In a filing yesterday, the National Conference of Bar Examiners seeks an
emergency ruling from the San Francisco-based 9th U.S. Circuit Court of
Appeals suspending a district court order that Enyart must be allowed to
use
the software during the California bar exam later this month, the _San
Francisco Chronicle_
(http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL)
reports.
The NCBE, which administers the test throughout the country, contends that
having to wait a few more months for appellate review of the federal
district court's decision in Enyart's favor would not pose a hardship to
her, the
newspaper says.
Attorney Anna Levine of Disability Rights Advocates represents Enyart. She
calls the appellate filing "flabbergasting ... irrational and
mean-spirited."
The NCBE objects to the software, which magnifies the test text and reads
the material into earbuds worn by the user because of security concerns.
Enyart says that a human reader, which the NCBE would permit, is less
efficient at the job and a potential distraction during the exam.
Earlier coverage:
In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time,
JFreeh at nfb.org writes:
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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