[Nfbk] FW: [Chapter-presidents] Court Rules that National Conference of Bar Examiners Must Provide Individualized Testing Accommodations to Blind Law School Graduate

[Cathy]

-----Original Message-----
From: chapter-presidents-bounces at nfbnet.org
[mailto:chapter-presidents-bounces at nfbnet.org]On Behalf Of Danielsen, Chris
(by way of David Andrews<dandrews at visi.com>)
Sent: Wednesday, March 03, 2010 2:02 AM
To: david.andrews at nfbnet.org
Subject: [Chapter-presidents] Court Rules that National Conference of Bar
Examiners Must Provide Individualized Testing Accommodations to Blind Law
School Graduate



FOR IMMEDIATE RELEASE



CONTACT:

Chris Danielsen

Director of Public Relations

National Federation of the Blind

(410) 659-9314, extension 2330

(410) 262-1281 (Cell)

cdanielsen at nfb.org


Court Rules that National Conference of Bar Examiners Must Provide
Individualized Testing Accommodations to Blind Law School Graduate



Ninth Circuit Court of Appeals Denies NCBE Motion to Stay Preliminary
Injunction


San Francisco, California (February 24, 2010): The Ninth Circuit Court of
Appeals yesterday refused to stay a preliminary injunction requiring the
National Conference of Bar Examiners (NCBE) to provide a blind law school
graduate with the technology-based testing accommodations she needs to take
two exams required to become a member of the State Bar of California.  A
federal judge had previously granted the preliminary injunction requiring
the accommodations, but the NCBE appealed the ruling.  The Ninth Circuit?s
ruling allows the plaintiff, Stephanie Enyart, to take the February 2010
Multistate Bar Examination (MBE) and March 2010 Multistate Professional
Responsibility Examination (MPRE) on a laptop computer equipped with the
assistive technology software Ms. Enyart relies upon for screen reading
(JAWS) and screen magnification (ZoomText).



Dr. Marc Maurer, President of the National Federation of the Blind, said:
?The court?s action puts an end to Stephanie Enyart?s year-long ordeal to
get the accommodations she needs to take this crucial step in her chosen
career.  As we have said before, those who control admission to the practice
of law must themselves obey the law.?



The suit was filed on November 3, 2009, due to the NCBE?s refusal, on
multiple occasions during the past year, to allow Ms. Enyart to use the same
technology on the MBE and MPRE that she has used on university and law
school exams and in various jobs and internships.  The suit charged that the
NCBE violated the Americans with Disabilities Act (ADA) and California?s
Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE.



NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by
offering alternative accommodations, such as a human reader, notwithstanding
evidence that these alternatives did not, in fact, fully accommodate Ms.
Enyart?s disability.  In rejecting NCBE?s argument, the court?s ruling paves
the way for other individuals prevented from pursuing their professional
dreams by high stakes testing providers who take a rigid approach to
disability accommodations.



The plaintiff is represented with the support of the National Federation of
the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown,
Goldstein & Levy, LLP, in Baltimore, Maryland.  The plaintiff is further
represented by Disability Rights Advocates, a nonprofit law center that
specializes in civil rights cases on behalf of persons with disabilities,
based in Berkeley, California.






###






About the National Federation of the Blind

With more than 50,000 members, the National Federation of the Blind is the
largest and most influential membership organization of blind people in the
United States.  The NFB improves blind people?s lives through advocacy,
education, research, technology, and programs encouraging independence and
self-confidence.  It is the leading force in the blindness field today and
the voice of the nation's blind.  In January 2004 the NFB opened the
National Federation of the Blind Jernigan Institute, the first research and
training center in the United States for the blind led by the blind.

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