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

Thu Aug 29 18:09:22 UTC 2019

Hello-

I share your experience of reasonable accommodation being denied for security reasons- in my case it was Jaws screen reading software, subsequently approved after a court battle.

Might the denial of your requested accommodation be due, at least partially, to a lack of understanding of why the extra device is needed? I'm not understanding how you are reading the exam, yet not able to write using the computer. (?) Also, as I recall, the test is multiple choice only. If so, it is unclear why an extra device is needed for taking notes. 
As usual, they are doubting that Internet capability is turned off etc. IF past tests show Internet access as a security risk, their concern is reasonable. If not, it could be argued. 

C Bonnette

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Seif-Eldeen Saqallah via BlindLaw
Sent: Wednesday, August 28, 2019 11:50 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Seif-Eldeen Saqallah <seifs at umich.edu>
Subject: Re: [blindLaw] NCBE Revoked Accommodation--Assistance/information Requested Please!

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=ncb
>> e
>> 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=ncb
>> e
>> 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

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