Bar Exam Accommodations: Progress and Pushback

In the recent Supreme Court of Maryland decision in Chavis, the court upheld a two-part test for evaluating bar exam accommodations. The ruling confirmed that applicants must demonstrate both a reasonable need and a functional limitation, reinforcing the legitimacy of qualified professionals’ diagnoses.

The Supreme Court of Maryland justices deliver a ruling to uphold a two-part test for bar exam accommodations, as part of the Chavis decision.

In the Chavis decision, the court ruled that bar applicants must meet a two-step test:

Prove they have a disability under the Americans with Disabilities Act (ADA).

Demonstrate that the requested accommodation is reasonable, necessary, and consistent with the nature of the exam.

You can download and read the full decision here:

2023-65-22.pdf

Download PDF • 759KB

Initially, I was hopeful that this decision would signal a shift toward greater leniency—especially for students diagnosed later in life. But alas, stringent requirements for early childhood symptoms remain a significant hurdle, particularly in states like New York, where bar examiners impose rigorous standards for ADHD diagnoses.

While we are seeing positive trends in recognizing the legitimacy of professional evaluations, there is also pushback—with increasing demands for more thorough assessments that meet stricter criteria.

The Bar’s Rigid Approach to Exam Accommodations

Each jurisdiction applies its own framework for reviewing accommodations, but there are commonalities that applicants should anticipate. One major difference? Bar examiners rely on specific diagnostic instruments to validate certain disabilities, often requiring documented evidence of early symptoms—particularly for neurodevelopmental conditions like ADHD.

For many, this poses a challenge. Not everyone has childhood medical records readily available or has undergone the particular tests that examiners prefer. However, this isn’t an insurmountable barrier. There is a path to appeal, and working closely with a qualified professional can strengthen your case by providing the necessary documentation and legal justification for accommodations.

Navigating Accommodation Appeals & Legal Support

If denied, you do have options. The appeals process allows for additional evidence submission, but it’s critical to ensure your documentation aligns with the bar’s specific criteria. This is where expert guidance makes all the difference—working with attorneys who understand the nuances of bar accommodations can be the deciding factor in overturning a denial.

At Ginsburg Advanced, we specialize in accommodations support at every stage, whether you're preparing for law school, facing an initial denial for the bar, or navigating appeals. Our team ensures that your request meets the examiners’ expectations, addressing gaps in documentation and advocating for your needs.

Why New York & Maryland Bar Accommodations Are Notable

While every state maintains its own standards, some jurisdictions are notoriously strict—New York, in particular, imposes greater scrutiny on accommodation requests. Candidates facing hurdles in New York should prepare for intensive documentation demands and possible resistance from examiners.

Maryland, on the other hand, offers a more structured approach. Unlike New York, Maryland does not second-guess qualified professionals’ diagnoses, making it more predictable than states like New York—but applicants must still meet stringent documentation requirements.

Take Action Early

If you're planning to take the bar, don’t wait until the last minute to address accommodations concerns. Understanding jurisdictional challenges, securing the right documentation, and preparing for appeals (if necessary) will position you for success.

For expert guidance and accommodations support, reach out to Ginsburg Advanced's legal team today. Whether you're preparing documentation, navigating an appeal, or need strategic advice, we’re here to ensure you receive the resources and advocacy you deserve.