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VIRGINIA

Board of Bar Examiners

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Applications & Information » Accommodations Application » Petition for Non-Standard Testing Accommodations


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In deciding the merits of a Petition for Non-Standard Testing Accommodations (Petition), the Board relies upon the definition of disability contained in the Americans with Disabilities Act as amended by the ADA Amendments Act of 2008 (ADA/ADAAA), and as interpreted by controlling case law. The Board recognizes that other non-ADA medical conditions may necessitate a request for testing accommodations. Petitions may be reviewed by the Board's expert(s) and should comply with the Guidelines and Instructions below.

  • Complete this Petition only if you are requesting non-standard testing accommodations. Note: Requests to bring an item into the exam that is not on the Allowed Items list (e.g., medications, lactation equipment, etc.), or special seating due to a medical condition (e.g., seated near a restroom or exit), should be made by submitting a Medical Accommodation Request Form, not this Petition.
  • Having an impairment does not automatically qualify you for an accommodation. You must demonstrate that the impairment limits a major life activity. To qualify as being disabled under the ADA/ADAAA, you must show that the limitation on a major life activity is substantial.
  • You will be compared to the average person in the general population in determining whether your disability substantially limits one or more major life activity.
  • The determination of a disability is an individualized inquiry and will be made on a case-by-case basis.
  • Accommodations granted elsewhere do not necessarily entitle you to accommodations on the Virginia Bar Exam, nor do accommodations previously granted on a past Virginia Bar Exam necessarily entitle you to accommodations on a future exam.
  • Objective testing/diagnostic evaluations submitted by your healthcare provider to substantiate your claimed disability must have been administered within 5 calendar years of the filing deadline for any exam to which you apply. If your claimed disability has been lifelong, is considered permanent, and you have an extensive history of receiving the same accommodations as requested on the Virginia Bar Exam, diagnostic testing older than 5 years, if such testing was conducted after your 18th birthday, may be accepted by the Board.
  • The following items are not sufficient, by themselves, to substantiate your claimed disability:
    • a diagnosis by your healthcare provider;
    • a healthcare provider's statement of a long-standing condition or that you are currently in treatment;
    • medical records or patient portal printouts.
  • You may be required to submit to independent diagnostic testing at your expense by a healthcare provider.
  • Because some forms require input from third parties, you should request the appropriate individuals complete all required forms well in advance of the filing deadline.
  • You must submit documentation from your healthcare provider(s) that details the basis for the request. If additional testing time is requested, the specific amount of additional time must be indicated.
  • If your Petition is illegible, incomplete, or does not substantiate the claimed disability, your request for accommodations will be denied.
  • All inquiries regarding your Petition must be in writing.
  • All documentation submitted will be retained by the Board and may be reviewed by the Board’s expert(s) as necessary.
  • You will be notified by the Board of the disposition of your Petition approximately one month prior to the exam.
  • All Accommodations granted by the Board will be provided at no cost.
  • If you become disabled after the filing deadline, the Board will review a late, fully complete Petition if it is received in the Office of the Secretary by February 1 for the February exam or July 1 for the July exam. However, there may not be enough time to process a late Petition and for a decision to be made. If your Petition is approved, the Board will accommodate you at the exam site on a space-available basis, or you may defer your application in accordance with Section VI of the Rules of the Board.
I have read the Guidelines and Instructions and understand that my Petition, including all forms and supporting documentation from all healthcare provider(s) or other third party, is required to be submitted by the filing deadline.
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