As amended through September 30, 2024
Rule 3.1 - Requests for Non-Standard Testing Accommodations; Forms(a) A request for non-standard testing accommodations shall be on forms prescribed by the Board and shall consist of all of the following: (1) a statement of the applicant, including a description of the applicant's disability and the non-standard accommodations requested; (2) a certificate of the applicant's medical or psychological authority. The cost of obtaining professional certification including the certificate from medical and/psychological authority shall be borne by the applicant; (3) a certificate from any educational institution, employer, or other testing organization that provided non-standard accommodations to the applicant while the applicant attended the educational institution or was employed by the employer, or took other examinations; and (4) an authorization for release of records from the applicant's medical and/or psychological authorities for the purpose of determining whether the applicant has a disability as defined in Rule 1, RSCH, and whether reasonable accommodation is appropriate. (b) The applicant may file any additional documentation in support of the request. (c) Except as provided in (e) below, the applicant shall file a request for non-standard testing accommodations with the application and within the time provided by Section 2.1(b). (d) The Clerk shall provide the forms necessary to complete a request for non-standard testing accommodations. (e) An applicant who becomes disabled after timely filing his or her application may submit a late request for non-standard testing accommodations after the application deadline if the applicant's application for the Hawai'i Bar Examination is complete in all other respects, and the applicant promptly submits a written request for non-standard testing accommodations, written certified medical documentation of the need for the non-standard accommodations that provides the nature and extent of the disability, the date the disability arose, and the non-standard testing accommodations requested. (1) The Board's Americans with Disabilities Act (ADA) Committee or its designee shall consider emergency requests on a case-by-case basis. (2) Decisions on emergency requests shall be made as soon as practicable and shall be communicated in writing to the applicant as soon as practicable. The ADA Committee or its designee may deny an emergency request if there is insufficient time remaining before the examination to make a determination on the merits or to provide appropriate accommodations without prejudice to the request for non-standard accommodations being carried over to the next regularly scheduled bar examination. Haw. Bd. Bar Exam. R. P. 3.1