Bar Exams

California's Bar Exam Is Hard Enough Without Dealing With Its Accommodation Process

Let people take the darn test.

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bar exam scantron multiple choiceStates are known for things. Texas is known for its Tex-Mex and poor blizzard infrastructure, Idaho for its potatoes, and California is known for having one of the hardest bar exams around. Last February, fewer than a third of the applicants who sat for the test passed it. But the content of the test isn’t the only thing that makes that state’s bar exam as difficult as it is. A complaint was recently filed that alleges consistent ADA violations for those seeking out accommodations. From ABA Journal:

The complaint was filed in May on behalf of four law school graduates, according to a May 18 news release. Allegations include that the California bar does not respond to accommodation requests in a timely manner, requires expensive assessments not covered by insurance, and doesn’t give deference to professionals who made individualized assessments.

Instead, deference is given to consultants retained by the state bar, according to the complaint.

“These consultants routinely second-guess reasonable judgments from qualified professionals while reaching for conclusions inconsistent with the weight of evidence. They also demand extensive analysis of disability inconsistent with the ADA,” according to the complaint.

Reading the criticism as an abstract concern doesn’t do this justice. The complaint does a phenomenal job of concretizing the real world consequences of the Cali Bar’s current vetting process:

For example, the Bar denied complainant Clarena Arbelaez’s request for voice activated software and time to stand and stretch to accommodate pain from prolonged typing and handwriting. Ms. Arbelaez had been granted these accommodations for 18 years, including in graduate school, law school, and the 2018 First-Year Law Students’ Examination (administered by the State Bar itself). And the supporting documentation from her primary care physician of 19 years confirmed Ms. Arbelaez’s pain. Nevertheless, the State Bar consultant found “no evidence” that Ms. Arbelaez needed accommodations because her pain levels “should” have subsided from previous medical treatment. This dismissive response typifies the State Bar’s unlawful approach to assessing requests for testing accommodations.

That is ridiculous.

As far as accommodations go, would it really have been that difficult to get her some software and let her stand? Why in the hell wasn’t the accommodation the bar gave in 2018 enough to grandfather her in to accommodations for this one? What was the worry?

I understand that not all people who apply for Bar accommodations are good faith actors; there is an incentive for people to lie about needing accommodations on standardized tests so they can cheat by getting extra time. I get that there is a pressing need to determine who actually needs accommodations in a way that excludes the sleaze ball  trying to rig the system for a better score, but come on. Some of the accessibility issues are just because of the administrators straight up dropping the ball:

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[T]he State Bar routinely fails to respond to accommodations requests in a timely way, which deprives applicants of the opportunity to secure additional documentation, file an appeal, and prepare for the exam. For example, in anticipation of the February 2022 bar exam, Ms. Arbelaez appealed the State Bar’s November 23, 2021 denial letter on December 7, 2021. But the State Bar did not respond until February after intervention by counsel and a two-week wait.

It is pretty hard to hear a “hear me out” for needing a month and an attorney to respond to an email. If you’d like to read the entire complaint, turn to the next page.

Disability Rights Advocates Challenge California’s Bar Exam Accommodation Process [ABA Journal]

Earlier: California’s Reputation As The Hardest State To Pass The Bar In Just Got A Little Stronger

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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