Should You Apply for Bar Exam Testing Accommodations?

We are pleased to welcome back to the blog Dr. Jared Maloff, a clinical psychologist. He specializes in helping students who need testing accommodations navigate the California bar exam. He has shared with readers how to apply for accommodations, and today is talks about when law students should consider applying. Welcome back, Jared. 

I have posted in the past about the process of applying for bar exam testing accommodations on the California State bar exam, addressing that students often think that it is more difficult to gain necessary testing accommodations than it actually is. The students I work with to prepare a testing accommodations application frequently indicate that they wish they had consulted with me years prior. Many law students and graduates are reticent to submit for an evaluation even as they are aware of feeling stifled and hindered in their ability to perform on standard, timed exams.

Approximately 25 percent of the students I help gain testing accommodations on the bar exam have never been assessed for ADHD, learning disabilities or severe test anxiety. Typically these students are aware that they have suffered underperformance on timed testing for years if not their entire lives. Law school students and graduates are smart, hardworking individuals who are often uncomfortable with the notion of labeling themselves as “disabled.” It is imperative to understand that the term “disability” in this context does not refer to a person as being non-functional, weak or unfit.

In fact many successful lawyers have disabilities that hindered them on standardized exams but which do not prevent them from excelling within the field. The notion of “disability” as I am discussing in this situation refers to an issue of performance specifically related to being timed in an artificial environment that does not truly approximate real world performance.

The argument “real life has deadlines, so why should I ask for extra time?” does not hold water.

Even lawyers who work under strict deadlines typically have the option of working extra hours to complete their tasks in time. The bar exam does not offer this kind of compensatory mechanism without being granted testing accommodations.

The following are examples of symptoms that students who are granted extended time testing on the bar exam typically experience:

• Making it through school by relying on their ability to work longer hours than their peers to complete the same work
• Skipping words unintentionally while reading when feeling pressured for time
• Needing to read items repetitively in order to comprehend their meaning
• Always having to guess on the final items of a multiple choice section as time runs out
• Feeling as if you know more of the material than you are able to express on timed exams
• Struggling to transfer ideas from your mind to “the page” while writing essays
• Panicking on the test
• Feeling your mind “go blank” at times due to anxiety when testing
• Being able to score far better on sample tests when not timed as opposed to when being timed.

The bar exam is a test of legal knowledge and legal problem solving skills. When a student has the knowledge and intelligence to pass the Bar Exam but is hindered by any of the above symptoms it is important to be evaluated. An evaluation conducted by an expert who is very familiar with the California State Bar can determine whether a strong case can be made for gaining access to testing accommodations.

Applications for testing accommodations for the February examination must be submitted by January 15, 2015.Though the bar’s website makes it sound as if applications must be submitted at least three months in advance of the exam, this is NOT true. The bar will actually accept applications up to about 6 weeks prior to the exam. It is advisable however to apply well ahead of this deadline in case the Bar needs extra information to process an accommodations application. Those taking the February bar exam who believe they may need accommodated testing would be advised to contact an expert in this field as soon as possible to determine their strength of candidacy for accommodated testing.

Dr. Jared Maloff is a clinical psychologist in Beverly Hills specializing in psychological and psycho-educational testing. The most frequent psycho-educational evaluations he conducts are geared specifically toward assisting students gain testing accommodations on the bar exam. He can be contacted at (310) 712-5480, jmaloff {at} hotmail-DOT-com and www.BeverlyHillsPsychologist.com.

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Did you find this post helpful? Check out some other great articles:

• Podcast Episode 73: Seeking Accommodations in Law School and on the Bar Exam (with Dr. Jared Maloff)
• Leveling the Playing Field: Testing Accommodations on the Bar Exam
• Stop saying, “I can’t”
• How to Cope With Bar Exam Stress
• Call Your Therapist

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