As amended through June 11, 2024
Rule 5.10 - Specific Testing Accommodations(1) Definitions. For the purpose of this rule:(a) The term "disability" means a disability as the term is defined under the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.) (ADA), amendments to the act, applicable regulations and case law.(b) The term "qualified professional" means a licensed physician, psychologist, or other health care provider who has comprehensive training in the field related to the applicant's claimed disability.(2) An applicant with a disability that substantially limits one or more major life activities and who desires an adjustment or modification to the standard testing conditions to alleviate the impact of the applicant's functional limitation on the examination process may request reasonable accommodation(s) to take the examination.(3) Consistent with the requirements of the ADA, the Board shall evaluate all timely and complete accommodation requests and determine the extent, if any, to which they will be granted. In fashioning an accommodation, the Board shall strive for an accommodation that is reasonable, not unduly burdensome, consistent with the nature and purpose of the examination and which does not fundamentally alter the nature of the examination as necessitated by the applicant's disability. If an applicant submits a request for accommodation within six-weeks or less of the first day of the applicable bar exam, then pursuant to this paragraph, the Chair of the Board, or the Chair's designee, is delegated the authority to act on behalf of the Board and fulfill its required functions under this paragraph.(4) Applicants must file timely and complete accommodation requests using the forms prescribed by the Board. The filing deadlines for requests shall be set by the Board. Incomplete or untimely requests will be rejected except where: (a) disability occurs after the application filing deadline; or (b) the accommodation request does not cause an undue hardship on the Board or the Oregon State Bar.(5) An applicant requesting accommodations must fully complete the forms approved by the Board and submit: (a) Medical and/or psychological verification completed by a qualified professional. The medical and/or psychological verification shall, at a minimum, describe: (i) The basis of the assessment, including all tests used to diagnose the disability and the results of those tests; (ii) the effect of the disability on the applicant's ability to take the examination under regular testing conditions; and(iii) the recommended accommodation.(b) A letter from the applicant's law school setting forth any accommodations that were provided to the applicant for examinations taken at the law school.(c) A letter from each jurisdiction in which the applicant has applied to practice law setting forth any accommodations that were provided to the applicant for taking the bar exam.(6) An applicant who is breastfeeding may request accommodations to enable the applicant to express milk during the examination. Request for accommodations must be submitted timely using the procedures and forms prescribed by the Board for specific testing accommodations. Applicants must submit medical documentation from a qualified medical provider supporting the request for accommodations, including verification that the applicant is breastfeeding and the child's date of birth.Or. State. Bar. R. Regul. and Polic. 5.10