Test Accommodations Under The Americans with Disabilities Act

2.     The policy of the BBE is to administer the bar examination and all other services of this office in accordance with the Americans with Disabilities Act (ADA), as amended. A qualified applicant with a disability who is otherwise eligible to take the bar examination, but who cannot demonstrate under standard testing conditions that the applicant possesses the knowledge and skills to be admitted to the Rhode Island Bar, may request reasonable test accommodations.

3.     The BBE will make reasonable modifications to any policies, practices, and procedures that might otherwise prevent individuals with disabilities from taking the bar examination in an accessible place or manner, provided such modifications do not result in a fundamental alteration to the examination or other admission requirements, impose an undue burden, or jeopardize examination security. In order to accommodate disabled persons, the BBE may furnish additional testing time, auxiliary aids, and other accommodations when necessary to ameliorate the impact of the applicant's disability on the applicant's ability to take the bar examination. No additional charges will be assessed to individuals with disabilities to cover the costs of reasonable accommodations.

4.     Requests for test accommodations will be evaluated on a case-by-case basis. The applicant must submit documentation from one (1) or more qualified professionals that provides information on the diagnosed impairment(s), the applicant's current level of impairment, and the rationale for the accommodations requested on the bar examination. In addition, the applicant must submit verifying documentation of the applicant's history of accommodations, if any. All documentation will be retained by the BBE and may be submitted to one (1) or more qualified professionals for an impartial review. Accommodations granted elsewhere do not necessarily entitle an applicant to accommodations on the bar examination, although the BBE gives considerable weight to documentation relating to past accommodations received in similar testing situations or in response to an individualized educational plan (IEP) or Section 504 plan. ​

1. Disability is a physical or mental impairment that substantially limits one (1) or more of the major life activities of the applicant. In the bar examination setting, the impairment must limit an applicant’s ability to demonstrate, under standard testing conditions, that the applicant possesses the knowledge, skills, and abilities tested on the bar examination.
   
   
2. Physical impairment is a physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body’s systems.
   
   
3. Mental impairment is any mental or psychological disorder such as intellectual disability (formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness, or any specific learning disability. 
   
   
4. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. 
   
   
5. Reasonable accommodation is an adjustment or modification of the standard testing conditions, or an appropriate auxiliary aid or service, that ameliorates the impact of the applicant’s disability without doing any of the following:
A. Fundamentally altering the nature of the bar examination, including but not limited to compromising the validity or reliability of the examination;

B. Imposing an undue burden on the BBE; and/or

C. Jeopardizing examination security.


6. Qualified professional is a licensed physician, psychiatrist, psychologist, or other health care provider who has appropriate training in the field related to the applicant’s disability.​
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1. ​Requests for accommodations will be considered after receipt of all required information. The Applicant Checklist, located in Section V of the Applicant Request for Test Accommodations form, must be submitted with the application by the deadline of the examination the applicant wishes to take. 
   
   
2. Applicants with disabilities are subject to the same application deadline as individuals without disabilities. Because some of the accommodation request forms require input from third parties, the appropriate individuals should be asked to complete the forms well in advance of the deadline. Third party forms must be received by the applicant for submittal with the application by the deadline applicable to the applicant.
   
   
3. Requests for test accommodations and supporting documentation must be submitted with the Petition for Admission to the Rhode Island Bar through the Rhode Island Supreme Court Attorney Portal (RISCAP).
   
   
4. There is no provision for late filing.​

1. Applicants who retake the examination must submit the Applicant Request for Test Accommodations form with each application for the bar examination, even if the applicant previously requested and/or was granted accommodations by the BBE. The applicant does not have to resubmit supporting documentation that was submitted with a previous request, provided the applicant sat for the Rhode Island Bar Examination within the preceding year and (1) is requesting the same accommodations that were received previously on the Rhode Island Bar Examination and (2) has had no material changes in the applicant’s condition. 
   
   
2. New supporting documentation is required if there is any change in the accommodations requested. An update to prior medical documentation is required assessing the applicant’s current functional limitations and ongoing need for accommodations if the nature of the applicant’s disability or disabilities is changeable. The BBE reserves the right to request an update to prior documentation in all cases if the BBE determines that the prior documentation is insufficient to establish the applicant’s current level of impairment and need for accommodations. ​
   

     Step 1: Have a qualified professional complete the applicable disability verification form and return the form to you for submission to the BBE. There are separate forms for learning disabilities, attention-deficit/hyperactivity disorder (ADHD), psychological disabilities, visual disabilities, and physical disabilities. You will need to complete the top portion of the applicable disability verification form and request that your qualified professional complete the rest of the form and return the form to you. Your qualified professional should attach to the completed disability verification form a comprehensive evaluation report and/or relevant records, as specified in the form.

     Step 2: Gather verifying documentation of your history of accommodations requests, if any. Submit the Certification of Accommodations History form completed by each educational institution or testing agency (entity) from which you requested accommodations, whether your request was granted or denied. Complete the top portion of the form and request that the entity complete the rest of the form and return the form to you for submission to the BBE. Alternatively, you may provide other proof of your accommodations history, such as a copy of the letter(s) you received from the entity notifying you of the specific accommodations granted or denied. The proof should identify the time frame (e.g., date and/or year of law school) and the nature of the disability (e.g., ADHD) for which any accommodations were granted or denied. If you received accommodations as a result of an IEP or a Section 504 plan, please provide copies of all IEPs or 504 plans. 

     Step 3: If the nature of your disability is ADHD or a learning disability, you must provide transcripts with your submission. Please do not have these materials sent separately. Attach copies of your undergraduate and law school transcripts and your Law School Admission Council (LSAC) Academic Summary Report. Photocopies of transcripts are acceptable for this purpose. You can obtain your LSAC Academic Summary Report by logging in to your LSAC account at www.lsac.org. Click on “Transcripts," then click on “Academic Summary Report," and print the report. If you have trouble obtaining the report, contact an LSAC representative at (215) 968-1001.

     Learning disabilities and ADHD are developmental disorders with childhood onset, even if not diagnosed until adulthood. Transcripts or report cards of your elementary, middle school, and high school education, while not required, are useful in providing evidence of symptoms and impairment present during childhood. The BBE reserves the right to request such academic records in particular cases.

     STEP 4: Complete and sign the Applicant Request for Test Accommodations form. Attach all relevant forms and documents, as indicated above, so that all required documentation is provided in one submission. ​

Applicants seeking a special testing accommodation must submit Applicant Request for Test Accommodations and Certification of Accommodations History forms. Applicants must also submit any of the applicable form(s) listed below which pertain to the disability:

• Learning Disability Verification
• Attention Deficit/Hyperactivity Disorder Verification
• Psychological Disability Verification
• Visual Disability Verification
• Physical Disability Veri​fication