Testing of Applicants with Disabilities

NOTE: the information on this page duplicates information in the MPRE Testing Application Packet. It is provided here for your reference.  Online registrants that plan to request accommodations must check the box indicating that intent on the online application and then you must submit support documentation by mail or fax with a copy of the email confirmation to the MPRE Accommodations Department. If you are not using online registration to apply to take the MPRE, you must obtain the MPRE Testing Application Packet from your law school or by writing to the MPRE Application Department.  

Testing of Applicants with Disabilities

The National Conference of Bar Examiners provides reasonable accommodations for MPRE examinees who have a qualified disability as defined in the Americans with Disabilities Act and who provide appropriate documentation in a timely manner.

Applicants with diagnosed physical, mental, sensory, or learning disabilities may request accommodations such as a reader, someone to record answers, a separate testing room, stop-the-clock breaks, and/or extra testing time. Presentation of the material in Braille, large-print, or audio formats is also available for qualified applicants.

All requests are reviewed and, when warranted, reasonable accommodations will be provided in light of the applicant's specific diagnosed condition. Applications with requests for accommodations are evaluated by qualified professionals and, when appropriate, may also be submitted to independent external review by specialists in the area of the disability.

In determining whether an individual has a disability for which accommodations may be appropriate, the applicable standard under the ADA is whether the individual has an impairment that substantially limits him or her in a major life activity.

If you are requesting accommodations due to a disability, you must mail all the supporting documentation with a copy of the online confirmation received after submission of an online application or with a completed paper application. All supporting documentation must be submitted each time you apply for the MPRE, and must be received by the late receipt deadline.

Requests that are incomplete or not supported by the appropriate documentation by the registration deadlines will be denied. If you are denied accommodations, your registration materials will be processed as a standard registration and you will be assigned to a test center.

1. You must provide your own written request for accommodations, preferably in the form of a letter. Include a detailed description of your diagnosed condition and indicate specifically the accommodations you believe are necessary for you to take the MPRE based on your disability. Include a telephone number where you can be reached during the day. You are encouraged to also provide a fax number and/or email address. If additional testing time is requested, your letter must specify a precise amount of additional time (e.g., time-and-a-half). A request for an untimed examination, or simply for extra time, is not sufficient.

2. Include current (within the last five years) documentation by your clinician, physician, or other qualified specialist with training and experience appropriate to diagnose and treat your disability. Documentation for visual, hearing, psychological, emotional, or physical disorders must be current within one (1) year and provide detailed results from a complete, appropriate diagnostic examination and an assessment of the functionality limiting manifestations of the condition(s) for which accommodations are needed.

This documentation must set forth in detail the diagnosis, treatment provided, and the last date of treatment and/or consultation with the qualified professional. It must also provide an explanation of the need for the requested accommodation(s) and how the functional limitation of the qualified condition relates to this test-taking activity. A description of the accommodations deemed appropriate should also be included. Your professional must also include a brief statement of his or her qualifications and areas of specialty.

If additional testing time is requested, the documentation prepared by the diagnostician must state the precise amount of additional time that is deemed necessary, as well as the rationale for the additional testing time requested.

3. Enclose documentation regarding accommodations that have been made in the past, including those in elementary or secondary school, in college, on the LSAT, in law school, and on any bar examinations. If you lack documentation of accommodations or special assistance you received in elementary or secondary school, describe the accommodations in your request. Note, however, that the fact that an accommodation has been granted on a previous occasion does not guarantee similar accommodations for the MPRE.

4. If you request an accommodation of extended time and/or a separate testing room because of a disability affecting cognitive functioning (e.g., LD or ADD/ADHD), your documentation must include all of the following:

• A description of the presenting problem(s) and the related developmental history;
• A neuropsychological or psychoeducational evaluation with reports of aptitude assessments using a complete comprehensive battery. Acceptable measures include but are not limited to the Wechsler Adult Intelligence Scale-III (WAIS-III), Woodcock-Johnson III: Tests of Cognitive Abilities, and the Kaufmann Adolescent and Adult Intelligence Test;
• A complete and comprehensive achievement battery including current levels of academic functioning in relevant areas such as reading (phonetic decoding, reading rate, and comprehension) and written language (e.g., Woodcock-Johnson Psychoeducational Battery III: Tests of Achievement, the Scholastic Abilities Test for Adults). Screening tests such as the Wide Range Achievement Test-3 and the Nelson-Denny Reading Test sometimes provide useful supplementary information but cannot, in themselves, determine reading ability;
• For assessments containing subtests, (ie. WAIS-III or Woodcock-Johnson III), the scores from all subtests must also be included. All standard scores should be provided on age-adjusted rather than education-adjusted norms.
• An assessment of information processing (e.g., short- and long-term memory, sequential memory, processing speed, executive functioning) using appropriate instruments (e.g., Wechsler Memory Scale III, Delis-Kaplan Executive Function System, relevant subtests from the Woodcock-Johnson Psychoeducational Battery III: Tests of Cognitive Abilities); and
• Other appropriate assessment measures measures to help support a differential diagnosis or to disentangle the cognitive disability from co-existing neurological and/or personality disorders.

Please note: All tests must be reliable, valid, and standardized for use with an adult population. All standard scores must be and should be provided in standard score and percentile formats. All standard scores should be provided on age-adjusted rather than education-adjusted norms. The diagnostician must provide a specific diagnosis with an interpretation of testing being provided and show evidence that alternative explanations (e.g., poor motivation or study skills, cultural or language differences) can be ruled out.

An inability to complete the test under standard time conditions is not automatically a reason for an accommodation for additional test time; not all standard test takers are able to complete the MPRE under standard time condition.

5. For diagnosis of Attention Deficit/Hyperactivity Disorder (ADHD), relevant batteries as described above must be provided to determine patterns supportive of attention problems. The diagnostician's report must include a review of the history regarding each of the DSM-IV diagnostic criteria for ADHD and specify which symptoms that cause impairment were present in childhood and which current symptoms have been present for at least the past six months.

Although self-reporting of symptoms and events is helpful, it is critical that information from other sources (e.g., health care professionals, relatives, teachers, school records, or employers) be presented to evaluators and summarized in their report.

A well-written diagnostic summary, based on  a comprehensive evaluative process, is a necessary component of the assessment. The clinical summary must include;

• a demonstration of the evaluator(s) having ruled out alternative explanations for the inattentiveness, impulsivity, and/or hyperactivity;
• an indication of the patterns of symptoms across your life span and settings used to determine the presence of ADHD;
• an indication of the substantial limitation to learning presented by ADHD and the degree to which it impacts the individual in the context for which accommodation is being requested; and
• indications as to why specific accommodations are needed and how the effects of ADHD symptoms, as designated by the DSM-IV, are mediated by the accommodations.

6. Documentation of a mood or anxiety disorder normally includes a review of the family history, age of onset and course of illness, psychological tests used, and the history of treatment for the disorder. If treatment includes medication, please provide evidence of continued impairment despite benefits of medication. Due to the variable nature of these conditions, documentation of a mood or anxiety disorder must be current within the past year.

7. If you request extended time because of a visual disability, a report of a complete ocular examination is required. It    must include all test results, a description of functional limitation, a discussion of the extent to which the limitation has been or can be addressed through corrective devices, and a specific recommendation and rationale for accommodations. If you are legally blind, documentation acknowledging this specifically (e.g., from a governmental agency or your eye doctor) can substitute for a complete ocular exam.

8. Any diagnosis of a physical disability or chronic medical condition must be based on the aggregate of history, test results (if applicable), and level of current functioning, along with clinical judgment.

Documentation should include:

• A clear statement of the medical diagnosis from a physician, neurologist, or other medical specialist.
• An assessment of the functionality limiting manifestations of the condition(s) for which accommodations are needed.
• A description of present symptoms which meet the criteria for diagnosis.
• A list of medications or treatments currently being used to relieve the functional manifestations of the condition.
• Medical information relating to the student's needs, including the impact of medication or other treatments on the student's ability to meet the demands of a multiple choice format examination.
• Recommendations of reasonable accommodations as applied to the MPRE format are required. These recommendations should be supported by the diagnosis and rationale explaining how these specific accommodations address the functional limitations.

A qualified professional must personally examine and evaluate the applicant. Therefore, it is not appropriate for students or trainees to conduct the evaluation even if the final written report is signed by a qualified professional. An individual is deemed to be qualified to conduct a medical or health-related evaluation if s/he has had comprehensive training and experience in the relevant medical specialty, and has appropriate licensure/certification.

Because the provision of reasonable accommodations is based on assessment of the current impact of the applicant's disability on the testing activity, and because of the changing nature of some physical disability, it is critical that documentation be current. The diagnostic report should be less than 12 months old: documentation that is 12-24 months old will be accepted if it is accompanied by a letter from a qualified professional that provides an update on the diagnosis, the examinee's current level of functioning, changes since the previous evaluation, current treatment, and continued rationale for the requested accommodations. Reports of diagnostic assessment that are older than 24 months will be helpful in establishing history and precedent, but will not be acceptable in establishing current impact.

The standard version of the MPRE is printed in 9.5-point type. The MPRE is also available in Braille, audio, and large-print versions. Please refer to page 25 of the MPRE Information Booklet for a sample of the various large-print options.

Apply as far as possible in advance of the deadline. During peak time it may 3-4 weeks to process the application and receive a reply. If you apply sufficiently early, NCBE may be able to communicate with you regarding omissions in your documentation in time for you to send supplemental material by the deadline. No new information will be accepted after the late receipt deadline.

Send all materials together. Do not ask your physician or other qualified professional, or any other individual or agency providing documentation, to send materials directly to NCBE. Due to the number of applications received, it is not possible to guarantee that materials can be matched and that an applicant's materials will be complete.

It is your responsibility to notify NCBE of your need to for accommodation at the time you apply for the examination. Requests for accommodations that are received after the deadline for late registration will not be considered. Requests that are incomplete or not supported by appropriate documentation by the late receipt deadline will be denied. NCBE reserves the right to independently evaluate documentation submitted by examinees who request accommodations and to make the final judgment as to the sufficiency of the documentation.

You may contact NCBE to seek clarification on policies regarding accommodation or to inquire about the status of a pending request. by writing to:

MPRE Accommodations
301 ACT Drive
P.O. Box 4001
Iowa City, IA 52243-4001
Fax: 319-337-1122
mpre.ada@act.org

During peak processing times (near application deadlines) it is generally preferable to communicate via fax or email.  All accommodations decisions are based on the written record. Requests for reconsideration/appeal must be in writing and should include information not previously submitted.

NCBE is not responsible for administering or determining the criteria for state bar examinations, which are separate and distinct examinations from the MPRE. Policies for testing accommodations available to applicants with disabilities in admitting jurisdictions may vary from those provided for the MPRE. Any accommodations provided by NCBE are for administration of the MPRE only and are in no way binding on individual admitting jurisdictions.  NCBE urges all applicants taking a state bar examination who may require accommodations because of a disability to ascertain the procedure for requesting such accommodations for each state where they propose to sit for the bar examination.