NCBE makes decisions on requests for test accommodations for the MPRE and provides reasonable accommodations for candidates who have qualified disabilities as defined in the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and who provide appropriate documentation in a timely manner. This MPRE Test Accommodation Privacy Policy covers information you supply when requesting test accommodations for the MPRE and is in addition to NCBE’s Privacy Policy, which is also applicable.

Information We Collect and How We Use It

The information collected in or with the Applicant Request Form and in any follow-up communications may include the following:

• basic contact information
• medical information concerning the nature of your mental or physical impairment and how it limits major life activities
• information on how your mental or physical impairment affects your ability to take the MPRE under standard conditions
• information regarding treatment, medication, devices, or auxiliary aids used
• your history of accommodations
• score reports from other standardized tests you have taken with or without accommodations
• a rationale for why the requested accommodation(s) is/are necessary and appropriate relative to your impairment(s)
• other relevant information

NCBE uses the information you supply when requesting test accommodations to:

• evaluate your request and determine eligibility for test accommodations
• facilitate the test accommodations process
• conduct research and/or evaluate NCBE services
• respond to legal process or proceedings

NCBE may also use aggregated personal information for research and statistical purposes related to bar admissions and bar examinations.

Disclosure of Personal Information

NCBE may disclose your information to qualified independent professionals who assess the information in order to recommend to NCBE whether requested test accommodations are necessary and appropriate. Otherwise, information is disclosed only on a “need to know” basis to NCBE employees, agents, and representatives, except where required by law.

NCBE shares information with companies (such as Pearson VUE) who administer the exam. However, we provide only the limited information necessary for delivery of the service. NCBE does not disclose information about the nature of your disability to our test contractor or test center staff except to the extent necessary to facilitate the administration of the approved accommodations or for emergency medical or safety purposes.

Upon written request by you, NCBE may release information regarding our decision on your request for test accommodations to third parties you designate. NCBE does not disclose an individual’s diagnosis or condition without his or her informed written consent. NCBE does not disclose or release medical documentation to third parties except as described in this policy.

Choices and Control of Your Personal Information

You may submit changes, corrections, and additional documentation within the applicable late deadline as described in the instructions on our website at www.ncbex.org/mpre-ada. You may withdraw a request for test accommodations. NCBE does not return documentation or provide copies of documentation to applicants, so you should keep a copy of everything you submit.

Data Retention

NCBE retains MPRE test accommodation application documentation only as long as needed to fulfill the purpose for which the information was collected, unless a longer retention period is required or permitted by law. Generally, all documents associated with candidates approved for MPRE test accommodations are deleted on the expiration date of those approved accommodations.

For MPRE test accommodation requests that were denied (have no expiration date), documentation is retained for two years from the latest received date (whether that received date is an initial request, appeal, or a request for reconsideration).

Security of Your Personal Information

NCBE utilizes security safeguards and incorporates administrative, technical, and physical safeguards over your data and NCBE’s systems to protect your information from loss, unauthorized disclosure, misuse, alteration, or destruction.