Legal Question in Education Law in New York

NCARB has privilege of taking exam

I am a candidate for ARE (architectural Registration Exams) to be licensure in the state of NY. NCARB (National Council of Architectural Registration board) regulates, conducts and marks exams. They have non disclosure agreement and they make exam takers to accept prior to taking the exam. According to this agreement candidates are not supposed to disclose the exam contents.

After taking and failing an exam, I discussion with other candidates over a private on-line forum (on-line study group) BUT did not disclose the exam contents. Candidates are allowed by NCARB to discuss TYPE of exam questions, useful hints to study books, etc but, not reveal the exam contents. I posted such a diagram which only addressed the hint of the issue of the exam that I had. NCARB has suspended my privilege of taking remaining exam based on their suspicion that my diagram has similarity to the exam that I took. I didn�t have any intentions to have similarity to the exam contents. NCARB has given me right to provide a documentation proving that the diagram doesn�t have similarity to their exam.

Under which area of law this issue comes; non disclosure act, copyright, education law, etc?

How can I get the suspension reinstated?

Please advice.

Adam


Asked on 10/29/08, 6:00 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: NCARB has privilege of taking exam

This is a very serious matter. If you do not take the ARE you cannot be licensed in New York, and it could mean that you will never be a licensed architect.

This is a very complicated matter and falls under a non-disclosure agreement among other areas.

You should not provide anything in writing which can be used against you.

Contact an attorney immediately who could act as an intermediary.

It would be a shame to let all that education and the future promise of a good living in a profession go to waste.

If you would like the services of this office, please feel free to contact me. I have more than 35 years of experience representing various professionals in matters such as this.

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Answered on 10/30/08, 12:06 pm


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