[blindLaw] NCBE Revoked Accommodation--Assistance/information Requested Please!

[Seif-Eldeen Saqallah]

Hello all,

I hope you are well.

This is for a Law school student who is applying for accommodations on
the MPRE. I fortunately found your contact information, and am
wondering if you are able to advise or
assist in contesting an NCBE accommodations decision, where NCBE
first approved and now revoked the use of an electronic braillewriter
(allegedly on security grounds) to take and record answers and
notes. (See below message).

I have been contacting others, but with little results yet.
I want to respond as quickly as possible; they say time is short, yet
they take several days to respond, reducing the time available for
response or reconsideration.

Understanding that this is not legal advice, Any assistance, thoughts,
experiences, or advice is greatly appreciated.
Please respond at your earliest convenience.
Thank you, most sincerely.

...
Previously, NCBE granted me the use of an electronic braillewriter to
write and read my answers and notes. Upon further inquiry stemming
from needing a flashdrive to transfer those notes into its possession
(an accommodation I requested during my initial application), they
asked me for more information about the braillewriter's capabilities.
I was forthcoming with that information, stating that it has bluetooth
and internet capabilities, but that they are nonfunctional and turned
off, in any case, during the exam.
After several days, they revoked my braillewriter accommodation,
meaning that I have no way of taking or reading notes during my test,
or even recording and reviewing my answers before dictating them to
the scribe who fills out the scantron sheet.

As part of my accommodations application, I had sent them my
documentation stating that I have been using an electronic
braillewriter for tests as far back as high school;
that I use it for undergrad, graduate, and law classes and exams;
that I used it on multiple standerdized tests, including the LSAT;
and that it is part of my university-granted testing
accommodations.

They first did not approve my use of an electronic braillwriter;
I appealed and then they (reluctantly?) approved it.
Now, they wish to revoke it for alleged security reasons. NCBE is
providing a computer through which to read the exam (which has more
connectivity than the braillewriter), but no way for me to take notes
or record my answers before telling them to the scribe who then marks
them.
(I pasted there email below for context.)

I will write them another email, but how do you advise that I proceed?

I also see this as establishing precedent for my accommodations
granted on the bar, which I do not think I can take without the
braillewriter, as that is how I read and write (the computer is for
reading the exam).

Please advise--I do not know how next to proceed.
Any assistance you have is most and greatly appreciated.

...


NCBE email:

...

Thank you for sending the information about your specific model of
Braillewriter -  HumaanWare Braillenote mpower; keysoft v9.5; windows
CE6.0. As you mentioned in your message, this model of Braillewriter
is designed to connect to the internet, has Bluetooth capability, as
well as a SD card slot and ports.

Unfortunately, for security reasons, we cannot permit this particular
model of Braillewriter to be brought into the MPRE.  An electronic
Braillewriter with the ability to connect to the internet, and store
or transmit information to other devices cannot be permitted in the
examination room, even if those features are thought to be turned off
or possibly nonfunctional.

As noted on the NCBE website at
https://protect-us.mimecast.com/s/E8DtCjROyXcO3Z5hWTd3U?domain=ncbex.org<https://protect-us.mimecast.com/s/Es07CkROzYcwroWcVoMgV?domain=ncbex.org>,
NCBE is
committed to providing reasonable and appropriate accommodations to
examinees with documented disabilities who demonstrate a need for
accommodations in accordance with the Americans with Disabilities Act
Amendment Act of 2008 (ADAAA). NCBE will make reasonable modifications
to policies, practices, and procedures that might otherwise prevent
individuals with disabilities from taking the MPRE in an accessible
place or manner, provided such modifications do not result in a
fundamental alteration to the examination, impose an undue burden, or
jeopardize examination security.

If you have an alternative idea of how you may be accommodated that
will not pose a test security risk, we would be happy to consider it.
Please note that a different model of Braillewriter without features
that allow for internet connectivity or that does not have capability
to transmit to other devices or store information could be considered.
For instance, in the past NCBE has approved use of a Perkins
Braillewriter and Braille paper, and collected the notes from the
examinee at the end of the examination.

To be considered for an alternative accommodation to your HumaanWare
Braillenote mpower; keysoft v9.5; windows CE6.0, please complete an
Applicant Reconsideration Request Form available on the NCBE website
at https://protect-us.mimecast.com/s/E8DtCjROyXcO3Z5hWTd3U?domain=ncbex.org<https://protect-us.mimecast.com/s/Es07CkROzYcwroWcVoMgV?domain=ncbex.org>.
On the form,
please state the name of the device or item you would like us to
consider, along with the model number if applicable.

The deadline for NCBE to receive your request for an alternative
accommodation (instead of your electronic Braillewriter) for the
November 2019 MPRE is the late registration deadline which is 11:59
p.m. Eastern Time on September 26, 2019. This is a ‘received by’
deadline and not a postmark deadline; delivery to the post office or a
courier service by the deadline does not constitute receipt by NCBE.
Likewise, unsuccessful electronic transmission by the deadline does
not constitute receipt by NCBE. There are no exceptions to missing the
deadline and NCBE will not review or consider any forms or
documentation received after the deadline. Applicants whose requests
are received fewer than 15 business days before the deadline run the
risk of not having time to avail themselves of the interactive process
of requesting reconsideration of NCBE’s decision.

Please note that your other approved accommodations remain in place
for the November 2019 MPRE, and are listed below:

•100% extended testing time (extra 120 minutes)

• Supervised breaks - One 15 minute rest break

• Private room

• Auxiliary aid - Laptop equipped with JAWS (NCBE provided)

• Scribe provided by NCBE - dictate answers to scribe to mark answer sheet

• Other - NCBE will provide headphones to use with JAWS

Sincerely,
MPRE Test Accommodation Services
National Conference of Bar Examiners
302 S. Bedford Street, Madison, WI 53703-3622
608-316-3070  |  Fax: 608-316-3119  |
mpre.ada at ncbex.org<mailto:mpre.ada at ncbex.org>
Website:  https://protect-us.mimecast.com/s/E8DtCjROyXcO3Z5hWTd3U?domain=ncbex.org<https://protect-us.mimecast.com/s/Es07CkROzYcwroWcVoMgV?domain=ncbex.org>