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

Wed Aug 28 15:50:06 UTC 2019

Thank you for your responses.
Sorry--I am the student;
it is, specifically,  a braillenote;
I would not mind using it when connected to the computer to display
what I type on the screen, but NCBE is not allowing it altogether.

Sincerely,
Seif

On 8/28/19, Denise Avant via BlindLaw <blindlaw at nfbnet.org> wrote:
> The other question I have is whether the student would be amenable to using
> a Braille Display which can be connected to a computer and used in
> conjunction with a screen reader?
>
>
> Denise R. Avant, Esq.
> President,
> National Federation of the Blind of Illinois
> 773-991-8050
> Live the life you want.
>
> For more information about NFBI,
> Go to www.nfbofillinois.org
>
> -----Original Message-----
> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Laura Wolk via
> BlindLaw
> Sent: Wednesday, August 28, 2019 10:02 AM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Laura Wolk <laura.wolk at gmail.com>
> Subject: Re: [blindLaw] NCBE Revoked Accommodation--Assistance/information
> Requested Please!
>
> What is your relationship to the student? Or are you the student?
>
> The person is not requesting to use "an electronic Braille writer," he or
> she is requesting the use of a Braille notetaker. Those are two very
> different pieces of equipment, which probably contributed to the confusion.
>
> If the student is open to using a manual old school Perkins Brailler, which
> has been approved in the past, let me know and I'd happily ship one to be
> used on the exam.
>
> Laura
>
> Sent from my iPhone
>
>> On Aug 28, 2019, at 10:34 AM, Seif-Eldeen Saqallah via BlindLaw
>> <blindlaw at nfbnet.org> wrote:
>>
>> 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.o
>> rg<https://protect-us.mimecast.com/s/Es07CkROzYcwroWcVoMgV?domain=ncbe
>> x.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.o
>> rg<https://protect-us.mimecast.com/s/Es07CkROzYcwroWcVoMgV?domain=ncbe
>> x.org>
>>
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-- 
Seif Saqallah
University of Michigan
Juris Doctor/
Masters in Middle Eastern and North African Studies
J.D/M.A Candidate | 2021

University of Michigan
International studies, Arabic Studies, and Judaic Studies;
Law, Justice, and Social Change
B.A | 2017

248-325-7091
seifs at umich.edu