Rule 210 - Examination Accommodations (a) The Board encourages persons with disabilities to apply for test accommodations. Reasonable test accommodations will be made on the UBE for qualified applicants with disabilities. The UBE is a two-day timed examination designed to test the knowledge and skills necessary for one who seeks admission to the Bar. (b) It is the policy of the Board to administer the bar examination and all other services of this office in accordance with the Americans with Disabilities Act, as amended (ADA). A qualified applicant with a disability who is otherwise eligible to take the bar examination, but who cannot demonstrate under standard testing conditions that he/she possesses the knowledge and skills to be admitted to the Bar, may request reasonable test accommodations. (c) The Board 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 Board will 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. (d) Requests for test accommodations will be evaluated on a case-by-case basis. The applicant must submit documentation from one 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 his or her history of accommodations, if any. All documentation will be retained by the Board and may be submitted to one 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 Board gives considerable weight to documentation relating to past accommodations received in similar testing situations. (e) Definitions. (1) Disability is a physical or mental impairment that substantially limits one 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 UBE, including but not limited to compromising the validity or reliability of the examination; (B) imposing an undue burden on the Board; 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. (f) Applying for test accommodations. All forms necessary to complete a request for special testing accommodations shall be obtained from the court's website, https://www.courts.state.wy.us/. (1) 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. (2) Requests for accommodations will be considered after receipt of all required information. The Applicant Checklist, located in Section V of Form 1: Applicant Request for Test Accommodations, must be submitted with the application. The applicable items specified in the Applicant Checklist must be completed and received by the Clerk of the Court on or before the application filing deadline for the UBE the applicant wishes to take. A request for special test accommodations for re-examination shall be filed with the application for examination and by the deadline for filing that application. (3) An applicant may file an emergency request for special testing accommodations after the time prescribed in the above section if all of the following conditions are met: (A) The application to take the UBE was timely filed and complete in all other respects; (B) At the time of filing the application to take the UBE, the applicant did not have the disability or was unaware of a disability that would necessitate special testing accommodations; (C) After acquiring the disability, the applicant promptly submits a request for special testing accommodations on the forms required by the Board. An emergency request shall not be accepted fewer than seven days preceding the scheduled bar examination. (g) Following receipt of a completed application for special testing accommodations, the Board will determine what accommodations are reasonable, if any. The Board may provide accommodations different from those requested by the applicant if the Board determines that the accommodations provided will effectively ameliorate the impact of the applicant's disability. The Board shall notify the applicant in writing of any reasonable accommodations the Board has determined to provide. (h) If the Board determines that a request for special testing accommodations should be denied, the Board shall so inform the applicant in writing, which shall include a statement of the Board's reasons for denial. (1) In reviewing an emergency request, the Board shall first determine whether the request qualifies as an emergency request under this policy. If it does not qualify as an emergency, the Board shall deny the request. (2) The Board may deny an emergency request if it is not practicable in the time remaining before the examination: (A) To arrange special accommodations that would provide testing conditions that are reasonable and comparable to those conditions provided to other applicants; or (B) For the Board to take all steps reasonable and necessary for it to reach a fair determination on the merits of the request before the examination. (i) The applicant may appeal the denial of a request for special testing accommodations. The appeal shall be filed with the Clerk of the Court within 15 days of the date of the notice of denial. The appeal shall be conducted on the basis of the record compiled before the Board, and the applicant shall be limited to a written argument in support of the appeal. The Board's denial of an emergency request is not appealable. (j) Within 10 days of the filing of an appeal, the Court shall affirm, reverse, or modify the Board's decision and prepare a written ruling with reasons for the decision. A copy of the ruling shall be sent to the Executive Secretary and to the applicant at the address provided by the applicant on the request. The decision on appeal shall be final. Wyo. R. State Bar, Att'y Cond. & Prac. 210
Amended August 27, 2014, effective October 1, 2014; amended March 13, 2018, effective June 1, 2018.