Disability Accommodations

Submit this form to the Administrator no later than 45 days prior to the first day of examination.

A student who has a disability, long-term or short-term, may request an accommodation in taking exams or doing other academic work at PCL. The student must submit a written request for accommodation to the PCL Administrator. A form is available by clicking the “Accommodations Form” button below.

The request must state (a) what the disability is, (b) how it substantially limits one or more major life activities as broadly defined in 34 C.F.R. 104.3(j)(2)(ii)* , (c) what accommodations are requested, and (d) how long the student requests the accommodations to be in effect.

The request must be accompanied by a statement from a physician or other qualified professional stating, at a minimum, what the disability is , what accommodations should be given, and should include the professional’s assessment of how the student’s disability limits one or more major life activities. The student may, in addition, submit other types of support for the request, such as verification of accommodations from undergraduate institutions or on the LSAT, and any other information and documentation the student believes is relevant to the request.

Students must not send original documents but should keep their original documents along with copies of everything they submit. Entering students are urged to apply during the first week of August. Continuing students are urged to apply as soon as they are aware of the need for accommodation. Students should use all reasonable efforts to submit a request and documentation no later than six weeks before an exam. While PCL will make its best effort to process a student’s request for accommodation promptly, a request can be denied if there is insufficient time to gather and evaluate the appropriate information.

PCL may determine to request independent evaluations before granting or extending a request for accommodation. The Administrator must send the request and all documents submitted in support of it to the Dean and the Executive Committee. The Dean will make the initial decision on the request and must notify the student and the Executive Committee** of the decision in writing.

The decision must state whether the accommodation is granted, in whole or in part, and if granted, how long the student's accommodation will be in effect. After the expiration of the time the accommodation is in effect, or within 60 days before the end of that time, the student may request renewal of the same or a similar accommodation and must do so according to the same provisions as stated above. The decision, whether denying the accommodation, or granting it in whole or in part, and the time during which it is in effect, are reviewable by the Executive Committee**.

The Executive Committee must review it if the student requests a review within thirty days after receiving the decision from the Dean. The Executive Committee may review the decision even without a request for review if the Executive Committee decides to do so thirty days after receiving the decision from the Dean. The Executive Committee must notify the student and the Dean of its decision on review within sixty days after the student’s request for review or the Committee’s own decision to review. There is no further right to review in PCL.

However, the student may submit to any member of the Community Board*** a written request that the Community Board review the decision of the Executive Committee, and the Community Board may decide to review or not to review, in whole or in part. Accommodations may consist of additional time to take exams or do other academic work, and may consist of any other reasonable accommodation. However, the maximum additional time for the exam or work may not exceed twice the time allowed to students who do not have accommodations for the exam or work, unless, on review, the Community Board determines that more than twice the time is warranted and reasonable.

School administration will provide express written notice of the accommodations that a student should receive to necessary individuals, such as an instructor or exam proctor. The notice will not disclose any other information. Information shared with an instructor or exam proctor relating to the student’s disability should be limited to the contents of the notice and the directives in the notice are to be followed. The instructor/ exam proctor should not share the contents of the notice or divulge the student’s status as receiving accommodations with anyone without the accommodated student’s express consent.

*Section 504 of the Rehabilitation Act, which predates the ADA, has the most expansive definitions of disability based on the concept of major life activities. While PCL is not subject to Section 504 because it does not receive federal funding, PCL prefers the more inclusive language provided by Section 504, and believes this language is better for students because it removes the burden of the person with a disability from making a legal conclusion about their disability in relation to exams and schoolwork.

**No student (including student members of PCL committees, the Community Board and the Executive Committee) shall participate in any of the functions, deliberations, or votes relating to any accommodations request, unless, before participation by any student, the student who submitted the request consents in writing to participation by students in those functions. If a student’s private health information is discussed in any context during a committee meeting or Community Board meeting, meeting minutes shared with student board or committee members will be redacted to protect the student petitioner’s privacy.

***Members of committees and the Community Board should recuse themselves from deliberations, functions, or votes relating to any accommodations request where the member’s impartiality in the deliberation, function, or vote might be reasonably questioned. Members who recognize a conflict should notify the other members of the committee or Community Board of their intent to recuse themselves of any matter where they believe a conflict may exist, and state their intent to seek recusal on the matter. If a member should choose to recuse themselves, the member should inform the committee or board Chair as soon as practical in a way that would not compromise or jeopardize the student’s right to impartial deliberations, functions, or votes.

In general, PCL will try to follow the policies of the State Bar of California for the Bar Exam and the First Year Law Students Exam regarding types of disabilities and types of accommodations in exams.

As of February 2020, the State Bar’s website states the following about those policies :

(at http://www.calbar.ca.gov/Admissions/Examinations/Requesting-Testing-Accommodations)

Submit this form to the Administrator no later than 45 days prior to the first day of examination.

Submit Form to administrator@peoplescollegeoflaw.edu

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