We are pleased to welcome Dr. Jared Maloff, a clinical psychologist, to the blog today. He specializes in helping students who need testing accommodations navigate the California bar exam. This post is a must-read for any student who has struggled with physical, mental or learning challenges. Welcome, Jared.
As a clinical psychologist who specializes in assisting students gain much needed testing accommodations on the bar exam, I am aware that there is a pervasive misconception about this process within the law school community. Most students and even law professors believe that one is about as likely to be granted testing accommodations (such as extra time, a private testing room, taking the exam in 6 days as opposed to 3 days etc…) on the State of California Bar Exam as the computer I’m writing this article on sprouting legs and running a marathon.
As someone who has interacted with the State Bar of California countless times on behalf of students, I can firmly say that I find them to be generally fair and at times even sympathetic to students who require testing accommodations.
I believe that the misconception that it is next to impossible to be granted these types of accommodations on the exam stem from many students’ experiences attempting to gain accommodations on the LSAT. LSAC is difficult and generally unfair in their dealings with students’ needs. They deny the vast majority of applications for accommodations within populations of students who legitimately do provide evidence that accommodated testing is necessary.
As a result they have been sued myriad times for not abiding with the American’s with Disabilities Act. Students who deserve testing accommodations generally end up with a very bad taste in their mouths after dealing with LSAC and as a result they become disillusioned and pessimistic about their chances of gaining testing accommodations when it comes time to take the bar exam.
ADA Accommodations
The American’s with Disabilities Act indicates that students with current verification that they experience substantial limitations in major life activities such as concentrating, thinking and reading should be provided testing accommodations. These accommodations are aimed at allowing students to compete with their peers on a level playing field. Clearly concentrating, thinking and reading are not only major life activities, but ESSENTIAL ACTIVITIES with respect to taking and passing the California State Bar Exam.
Students with diagnoses such as ADHD, learning disorders (including information processing deficits), anxiety disorders and mood disorders often require extended time on the bar exam because they may be unable to read, comprehend and process information as quickly as their peers. Being unable to complete the bar exam certainly presents an undue burden on a student hoping to pass the exam. Students with long and documented histories of receiving accommodations in school for these issues are able to present very strong evidence to the bar that they should continue receiving accommodations, but those without any history of ever receiving testing accommodations are not automatically denied.
In fact, I have seen many students who have completed law school without ever even asking for testing accommodations be approved for testing accommodations on the bar exam.
The reason for this is that while one’s history matters, it is essential to any petition for accommodations that substantial, persuasive and current data is presented to support one’s application.
The most common reason a deserving applicant is denied accommodations is because an evaluator did not present information regarding the nature of a student’s weaknesses in a cogent, linear and persuasive manner.
Filing Accommodation Requests
Many physicians and psychologists believe that if they simply recommend accommodations and provide cursory rationale, the Bar will approve the application. Students seeking accommodations thus must be aware of how much experience their evaluator has in dealing with the State Bar of California. In situations where students have ADHD, a learning disability or any psychiatric issue that interferes with functioning, a complete psychological testing battery must be performed and a detailed write-up must be generated. My psychological testing batteries typically require 2-3 visits that are 2 hours each in length, and the reports that I send to the Bar are usually 20 to 25 pages in length.
Within the body of these reports I address a student’s life history, educational history, current test results and an explanation of how all of the information fits together in a way that presents compelling evidence that a student requires testing accommodations. Once an evaluator has conducted a complete evaluation and compiled a thorough report it becomes much less likely that the Bar will deny the accommodations request.
When all of the appropriate time lines are met (applications for testing accommodations are generally due 60 days before administration of the bar exam) the Bar must devote careful consideration to the application and a truly deserving student then becomes rather likely to have their application accepted.
Any student who struggles with attention, concentration, reading speed, reading comprehension, time management or severe test anxiety should seek consultation with an expert well versed in bar exam testing accommodations, regardless of their past history or lack thereof accommodations.
Those with significant weaknesses in the aforementioned areas are at a serious competitive disadvantage on the bar exam, and require accommodations to have a fair chance at expressing the full extent of their intelligence and legal knowledge.
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)
- Stop saying, “I can’t”
- How to Cope With Bar Exam Stress
- Call Your Therapist
- Life Doesn’t Stop for the Bar Exam
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Find out what your jurisdiction requires with respect to advance notice when seeking *any* accommodation and do this well in advance of the exam. Most if not all jurisdictions require that you submit the equivalent of a “Nonstandard Testing Accommodation” in writing before the filing deadline. Get the accommodation in writing and bring it with you on exam day.
In many jurisdictions, not all accommodations require advance notice. In one example, Massachusetts in 2013 eliminated advance notice for wearing of headgear for medical or religious reasons. Just the same, this is your responsibility to research and address for your jurisdiction. Meeting requirements on time and within deadlines are a fact of life for attorneys, and the bar exam is no exception.
John J. Gillis, Esq.