[blindlaw] Timing of Exams

Tai Tomasi ttomasi at driowa.org
Thu Dec 8 16:16:49 UTC 2016


I agree with Laura on these issues. Schools have a great deal of discretion in scheduling exams, and a disability has little to do with this absent good cause. School exam policies give them leeway to reschedule for a variety of reasons.

Tai Tomasi, J.D., M.P.A.
Email: tai.tomasi8 at gmail.com<mailto:tai.tomasi8 at gmail.com>
Sent from my iPhone. Please excuse my brevity and any grammatical errors.

On Dec 8, 2016, at 10:06 AM, Sai via BlindLaw <blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:

IMHO, not as legal advice, their opinion is wrong and illegal, and you
should get a nice ADA lawyer to write them a very polite nastygram
explaining why and insisting on your right to not be discriminated
against.

However, given that it's in an hour, I'd suggest you take it now.

If you lose that fight at least you'll have something, though possibly
a lower score than you would have had with the normal amount of time
to study.

If you win, you can ask that the exam you take now be thrown out and
you get to re-test.

In other words, it's curable on appeal, but you're better off hedging it.

My personal opinion, though.

- Sai

On Thu, Dec 8, 2016 at 10:19 AM, Aimee Harwood via BlindLaw
<blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:
Hello Sai,

That does not suffice in their opinion.

Aimee

Sent from my iPhone

On Dec 7, 2016, at 3:44 PM, Sai via BlindLaw <blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:

Isn't "I want to have as much time to study as everyone else" a good
enough reason?

- Sai

On Wed, Dec 7, 2016 at 2:56 PM, Jim McCarthy via BlindLaw
<blindlaw at nfbnet.org<mailto:blindlaw at nfbnet.org>> wrote:
I think the issue becomes what is the disability-related reason that you
request the earlier exam? It seems possible to me that law students may
check in electronically and check out the same way when finished. If you
need to pick up the exam from a staff person and return it to a staffer, One
argument seems to be that if you get double time on an exam that starts at
6:00 pm and normal is 3 hours, you get 6, which means that you turn the exam
in at midnight. Otherwise, it probably has to be some kind of fatigue
argument connecting to blindness and or other documented disabilities.
Jim McCarthy

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Aimee
Harwood via BlindLaw
Sent: Wednesday, December 07, 2016 2:07 PM
To: BlindLaw
Cc: Aimee Harwood
Subject: [blindlaw] Timing of Exams

Hello everyone,

I have a question regarding exams. Are universities allowed to schedule an
accommodated exam earlier than the rest of the class? One of my exams is a
night class. The rest of the class will take their exam at 6:00 PM. Over the
summer, I also took an evening class and the exam started at 6:00 PM as
well. I was given the option to take the exam early or the following
business day. I chose the following business day. I requested the same for
this exam and was denied. The reason given was that they do not remember why
they gave those options for that particular exam and that it did not apply
to any other exam.

Aimee

Sent from my iPhone
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