Petition for Non-Standard Testing Conditions

About Non-Standard Testing (NST) Accommodations

The Americans with Disabilities Act of 1990 as Amended (ADA) and applicable regulations define a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. The Connecticut Bar Examining Committee (Committee) provides reasonable and necessary test accommodations to applicants who are qualified to take the bar examination and who are disabled under the ADA and relevant regulations and case law.

The purpose of test accommodations is to provide equal access to the bar examination. Test accommodations are adjustments or modifications to the standard testing conditions which alleviate the impact of the applicant's impairment on the examination process without: fundamentally altering the nature of the examination; imposing an undue administrative or financial burden on the Committee; compromising the security, validity or reliability of the examination; or providing an unfair advantage to the applicant with the disability. Test accommodations must be reasonable, consistent with the nature and purpose of the examination, and necessitated by the applicant's disability. While the use of accommodations on the bar examination should enable applicants to better demonstrate their knowledge mastery, test accommodations are not a guarantee of improved performance, test completion or a passing score.

Applicant’s Burden of Proof under the ADA

The burden of proof is on the applicant to establish a disability as defined by the ADA and to establish the need for test accommodations. Requests for test accommodations are evaluated on a case-by-case basis. Applicants are required to complete the petition in accordance with the instructions provided. The documentation necessary to support a request for test accommodations varies with the nature of the disability. Documentation which sufficed in other testing situations may not be sufficient to support a request for accommodations on the bar examination.

Who Should Complete a Petition for Test Accommodations?

Petitions for test accommodations should be completed only by those individuals with disabilities under the ADA who require test accommodations on the bar examination. The following individuals must timely submit a petition:

• all applicants requesting test accommodations on the bar examination for the first time;
• applicants who were denied accommodations on a prior examination;
• applicants for re-examination who did not previously request accommodations;
• and applicants who were granted accommodations in the past but who have not taken the examination in the last three (3) years.

Applicants who previously requested and were granted accommodations by the Committee are not required to file a petition with supporting documentation provided the applicant sat for the Connecticut Bar Examination within the preceding three years and:

1. Is requesting the same accommodations that were received previously on the Connecticut bar examination; and
2. Has had no material changes in their condition.

However, 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.

A petition with new supporting documentation is required if there is any change in the accommodations requested.

The Committee reserves the right to request an update to prior documentation in all cases if it determines that the prior documentation is insufficient to establish the applicant’s current level of impairment and need for accommodations.

Who does NOT need to Complete a Petition for Test Accommodations?

1. Medications. All applicants are permitted to have necessary over-the-counter and legally prescribed medications during the examination (e.g. pills taken orally and topical creams).
2. Laptop Computer. All applicants are allowed to participate in the Committee’s laptop program, regardless of disability. Applicants who seek only the use of a laptop computer do not need to complete an NST petition. Such applicants must register for the laptop program. Applicants who are requesting the use of a laptop computer and any other accommodation (i.e. additional testing time) must register for the laptop program and file a petition for test accommodations. Spelling and grammar are not graded on the examination, and the software does not come with spell check or grammar check.
3. Administrative Accommodations.
   • Assistive Devices. Applicants who only want permission to bring into the examination room an assistive device, such as a lumbar cushion, diabetic supplies, lactation pump, etc., should make a request to the Committee for an Administrative Accommodation by submitting an NST Form 8 Request for Administrative Accommodations and must include supporting medical documentation. Such applicants do not need to complete an NST petition. The request must be received by the Committee no later than the first day of the month of the scheduled exam.
   • Seating Request. Applicants who only want to request a special seating arrangement due to a medical condition, such as near a restroom or near the examination room door, should make a request to the Committee for an Administrative Accommodation by submitting an NST Form 8 Request for Administrative Accommodations and must include supporting medical documentation. Such applicants do not need to complete an NST petition. The request must be received by the Committee no later than the first day of the month of the scheduled exam.

Filing Deadline

The bar examination is held each year during the last consecutive Tuesday and Wednesday of February and July. The non-standard testing petition and all required supporting documentation must be filed by the close of the application filing period that applies for the general bar examination. The following deadlines apply:

To be timely, the complete NST petition must be properly submitted and RECEIVED by the Committee by the application filing deadline. Petitions are deemed filed as of the day the petition and all required supporting documentation are received by the Committee. If the general application deadline falls on a holiday or weekend, the petition must be received by the next business day following the deadline.

There is no provision for late filing of NST petitions. The Committee will consider only those petitions that are timely filed. NST petitions that are untimely will be administratively rejected. It is the applicant’s obligation to ensure that the petition is timely filed.

The Committee will consider only those petitions for test accommodations that are complete. To be complete, each and every question must be appropriately answered on the petition and all required supporting documentation must be submitted and received by the Committee. Please note that some supporting documentation must be obtained from third parties. Care must be taken to plan ahead so that all documentation is available as of the filing deadline. You must acknowledge the checklist found at the end of the petition before submitting your petition to demonstrate that you have submitted a complete petition. Petitions that are incomplete will be administratively rejected.

Required Documentation

In addition to the NST petition, you need only submit those forms and documents that pertain to your particular disability. Please carefully review the information below to ensure that you submit a complete petition.

• Petition for Test Accommodations

  Complete and submit the Petition for Test Accommodations by appropriately answering every question.

• Disability Verification Forms

  Have a qualified professional complete the applicable disability verification form(s) and return it to you for submission to the Committee. There are separate forms for learning disabilities, AD/HD, 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 it to you.

Your qualified professional MUST attach to the completed disability verification form a comprehensive evaluation report and/or relevant records, as specified in the form.

• Documentation verifying your history of accommodations requests

  Gather verifying documentation of your history of accommodations requests, if any. Submit an NST Form 7: Certification of Accommodations History completed by each educational institution or testing agency (hereinafter “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 it to you for submission to the Committee. 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., third 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 Individualized Education Plan (IEP) or a 504 Plan, please provide copies of all IEPs or 504 Plans.

• Transcripts

  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 CBEC reserves the right to request such academic records in particular cases.

• Authorization and Release

  The authorization and release form must be signed and notarized.

NST Forms

Review Process for Petitions for Test Accommodations

The Committee reserves the right to have any petition for test accommodations together with all supporting documentation evaluated by an expert(s) in the appropriate area of disability for a fair and impartial professional review. Determinations will be made only based on the information and documentation that is timely submitted. Additional documentation submitted after the deadline will not be considered.

All complete and timely petitions for test accommodations will be acted on as soon as is practicable. For the February examination, a determination will generally be available by the first week of February; for the July examination, a determination will generally be available by the first week in July. If the petition is granted, the determination letter will detail the specific accommodations awarded and will include an agreement which must be signed and returned to accept the terms of the accommodations. If the petition is denied, the determination letter will describe the reason(s) for the denial and the appeal process.

Applicants may appeal the decision of the reviewing officer to a Panel comprised of three members of the Non-Standard Testing Subcommittee. The appeal must be filed within ten days of receipt of the Notice of Decision and Decision of Hearing Officer by the applicant. The appeal will be conducted on the basis of the documentation that the applicant already submitted and the applicant’s written argument in support of the appeal. An appeal is not a substitute for an incomplete petition as the Panel shall not consider on appeal new material that was not included in the original petition. All documents which support the request for accommodations must be filed with the original petition. The Panel will affirm, reverse or modify the original decision of the reviewing officer and will advise the applicant of its decision.

Applicants for test accommodations must meet all eligibility requirements for the bar examination. These include:

• timely applying for the bar examination;
• paying the appropriate fee for the bar examination;
• meeting all educational requirements; and
• timely submission of NCBE number and proof of receipt of law degree

Please review all bar examination application information on the Committee’s website.