Bartlett v. New York State Board of Law Examiners: Making the Case

Abstract

In June of 1991, a recent law school graduate applied to take the New York State Bar Examination. She applied within the standard time frame as posted by her law school which had culled application information for various states' bar exams. A child of the 50' s, she had been formally diagnosed 18 months earlier with a learning disability which had gone unrecognized as such for many years. When she applied for testing accommodations, she fully expectedto receive them. She was shocked to receive a letter shortly thereafter informing her that persons requesting accommodations had to apply 60 days before other applicants, that her documentation of disability was too old, and that in any event, her scores were too high for her to be considered to have a disability. Enclosed was a handbook for applicants which did not mention the earlier deadline for applicants with disabilities. The letter was signed by James T. Fuller, the Board's executive secretary, a man with a bachelor's degree in English and no professional experience in education or psychology. As a former educator of children with emotional disabilities, the applicant, Marilyn  J. Bartlett, knew that her documentation could not possibly be too old. As a person who had struggled all her life merely to pass her courses, she knew her disability was genuine. She had no idea what scores Mr. Fuller was relying on, and no idea why. She was soon to find out in a most painful way.