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

Thu Aug 29 18:28:06 UTC 2019

Thank you; that was helpful--I will look into it.

Sincerely,
Seif

On 8/29/19, Singh, Nandini via BlindLaw <blindlaw at nfbnet.org> wrote:
> Someone may not be able to access word processing programs, like Word,
> because something like Exam Soft or whatever it is called, is installed on
> the unit to ensure that the individual is looking only at the test form. Any
> time someone were to attempt to open another program, Exam Soft would block
> the attempt and perhaps even report the attempt to the testing authority.
> Other times, the laptop is just equipped with just the test form and nothing
> else (since Exam Soft type software does seem to reduce JAWS' efficacy). In
> this latter scenario, and assuming the accommodated test form were in a Word
> or Word HTML format, you can try typing in the test form or performing a
> control-n to open a new Word document to take notes. I have not tried either
> myself. However, I am not sure why anyone would have to take notes on the
> MPRE, but then again, I had an excellent set of proctors who could take
> notes at my dictation, which usually meant writing down any questions I
> wanted to skip and respond later. I found it to be a short and relatively
> straight forward exam.
>
> -----Original Message-----
> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Cathryn Bonnette
> via BlindLaw
> Sent: Thursday, August 29, 2019 2:09 PM
> To: 'Blind Law Mailing List' <blindlaw at nfbnet.org>
> Cc: Cathryn Bonnette <cathryn.bonnette17 at gmail.com>
> Subject: Re: [blindLaw] NCBE Revoked Accommodation--Assistance/information
> Requested Please!
>
> [EXTERNAL]
>
> 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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>>
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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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-- 
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