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<DIV dir=ltr class=OutlookMessageHeader align=left><FONT size=2
face=Tahoma>-----Original Message-----<BR><B>From:</B> nfbk-bounces@nfbnet.org
[mailto:nfbk-bounces@nfbnet.org]<B>On Behalf Of </B>Freeh,Jessica (by way of
David Andrews <dandrews@visi.com>)<BR><B>Sent:</B> Thursday, February 11,
2010 6:44 AM<BR><B>To:</B> nfb-talk@nfbnet.org<BR><B>Subject:</B> [Nfbk] Federal
Judge Orders the National Conference of Bar Examiners to Provide Individualized
Testing Accommodations to Blind Law School Graduate<BR><BR></FONT></DIV>
<H1><B>FOR IMMEDIATE RELEASE</B></H1><FONT
face=Garamond> <BR><BR><B>CONTACT: <BR><BR></B>Chris Danielsen,
National Federation of the Blind, (410) 659-9314, ext. 2330 <BR><BR>Scott
LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 <BR><BR>Daniel
Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 <BR><BR>Anna
Levine, Disability Rights Advocates, (510) 665-8644
<BR><BR><B> <BR><BR>
<DIV align=center>Federal Judge Orders the National Conference of Bar Examiners
<BR>to Provide Individualized Testing Accommodations <BR><BR>to Blind Law School
Graduate<BR><BR></B></DIV> <BR><BR><B>San Francisco, California (February
5, 2010):</B> A federal court has ruled that the National Conference of
Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm
unless it provides her the technology-based testing accommodations she needs to
take two exams required to become a member of the State Bar of California.
The court issued its ruling in an order granting the law school graduate�s
motion for preliminary injunction on Thursday, February 4, 2010. The
court�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). <BR><BR> <BR><BR><A
name=OLE_LINK2></A>Dr. Marc Maurer, President of the National Federation of the
Blind, said: �The National Federation of the Blind is extremely pleased with the
ruling in this case. Law and equity simply do not permit the NCBE to
dictate a one-size-fits-all solution for all bar candidates with
disabilities. We hope that this ruling will cause the NCBE to think long
and hard before it denies the requested accommodations of applicants to take its
examinations.� <BR><BR> <BR><BR>The plaintiff, Stephanie Enyart, said: �A
little over a year ago I sent my first request for accommodations on the March
2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively
take the exams to fulfill my dreams.� <BR><BR> <BR><BR>Anna Levine of
Disability Rights Advocates, an attorney representing the plaintiff, said: "I
hope that our hard-fought victory here will send a message to testing
organizations that they need to comply with the ADA and provide each individual
test taker with a disability the accommodations that he or she needs to
demonstrate his or her actual knowledge, skills, and abilities."
<BR><BR> <BR><BR>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.
<BR><BR> <BR><BR>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, 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. <BR><BR> <BR><BR>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.
<BR><BR></FONT><FONT face="Times New Roman, Times"> <BR><BR> <BR><BR>
<DIV align=center><B>###<BR><BR></B></DIV> <BR><BR></FONT><FONT
face=Garamond><B>About the National Federation of the
Blind<BR><BR></B> <BR><BR>With more than 50,000 members, the National
Federation of the Blind (NFB) 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. <BR></FONT> <BR><BR><BR>__________ Information from ESET Smart
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