AGENDA TOPIC NO. 5
2015 ANNUAL MEETING
Honolulu, Hawaii
Submitted by: Linda Odermott, RP®, Certification Ambassador, NFPA Regulation Review Coordinator
MaryAnn Ivie, RP®, NFPA Primary
Brenna Dickey, NFPA Secondary
Association: Oregon Paralegal Association (OPA)
Co-Sponsors:Georgia Association of Paralegals (GAP)
Hawaii Paralegal Association (HPA)
Minnesota Paralegal Association (MPA)
Paralegal Association of Wisconsin (PAW)
Philadelphia Association of Paralegals (PAP)
South Jersey Paralegal Association (SJPA)
Tampa Bay Paralegal Association (TBPA)
Date:August 7, 2015
Bylaw:N/A
Policy Change:Provide a waiver to those PACE or PCCE applicants who wish to waive the six (6) month waiting period to retake either the PACE or the PCCE examin order to test beginning four (4) weeks after their initial attempt. The applicant may retest at their own risk before the next scheduled scoring run if they so choose; however, the additional testing fees would be submitted at the applicant’s own risk and will not be refunded.
Current Situation: NFPA receives the PACE scoring runs twice a year (February and August) and, pursuant to the procedures established by the PACE Standards Committee, audits 7% of the exam applications prior to mailing the RP® certificates and credential maintenance instructions to the new Registered Paralegals. This stage of the process may take up to a month. If a candidate does not pass PACE, there is a six (6) month waiting period, from the date PACE is taken, before the paralegal becomes eligible to re-take PACE.This waiting period was created based upon the bi-annual scoring runs and auditing schedule. This waiting period is daunting and may cause applicants not to retest.
Scoring runs for the PCCE are processed quarterly, with individuals receiving their certificates and score reports approximately six to eight weeks after the scoring run is processed. Although the scoring reports are run every six to eight weeks, the Standards Committee still requires a six (6) month waiting period, from the date PCCE is taken, before the paralegal becomes eligible to re-take PCCE. This six (6) month waiting period was created to mirror the PACE waiting period but serves no real purpose based upon the six to eight week scoring run cycle. Again, the stringent waiting period creates a barrier to those who would like to retest fairly soon after the initial attempt.
History:The relevant Resolutions are included at the end of this Agenda Topic for convenience purposes.
In the past, there was one instance where an applicant had taken the PACE and the initial results displayed a failing score at the testing facility, only to discover during the auditperiod that the applicant had actually passed. This is a very rare instance, but should be noted.
Detailed Description of Recommendation:
Provide a waiver to PACE or PCCE applicants who wish to waive the six (6) month waiting period to retake either the qualifying exam, to allow the applicant to retest beginningfour (4) weeks from the initial test attempt date, subject to payment of retesting fees and waiver submission.
The signed waiver application permits the applicant to retest before the next scheduled scoring run; however, the additional testing fees would be submitted at the applicant’s risk and expense.Subject to a non-refundable processing fee and completion of the waiver application, NFPA will grant a waiver for the applicant to be eligible to retest four (4) weeks afterapplicant’s initial testing date until the next scoring run is complete.
This waiver would in no way impact the bylaws or requirements in order to sit for either exam, but impacts the waiting period only. A draft one-page waiver form should be created and submitted to the Certification Standards Committee for approval.
Expected Future Timeline:Effective January 1, 2016, if approved by the delegates.
Pros:Possible increase in retesting rates; possible increase in retesting income; possible increase in number of RPs and CRPs.
Cons:There is the possibility that the initial scorean applicant receives may be incorrect, as noted in the History section. This can be addressed by the applicant acknowledging that they are retesting at their own risk, but if this situation did occur, it may create animosity about the exam and the experience.
Additionally, there is a need to ensure that the applicants are given a different version of the exam when they retake either the PACE or the PCCE. Prometric should be able to do that without much effort, but this has not been confirmed.
Financial Cost:None noted. The fees incurred by the testing centers would be recouped by the non-refundable fee associated with retesting. Additionally, this could potentially increase revenue for NFPA.
Number of Volunteers and Estimate of Hours Needed: One (1) hour - the NFPA Vice President and Director of Paralegal Certification (or their designee) to create a one-page form to be used in applying for the waiver of the six (6) month waiting period. This should take about 1 hour in total.
State any known legal implications: None noted
Have you reviewed NFPA’s Bylaws, Policy Manual and/or Procedures Manual to determine if there are any conflicts? Yes No If yes, please provide details.
None noted.
PROPOSED RESOLUTION
WHEREAS, it is the desire of NFPA to allow PACE and PCCE candidates to be allowed to re-test if they fail or appear to fail the original exam, and has recognized that it is in the best interest of PACE and PCCE candidates to allow a waiver to those PACE or PCCE applicants who wish to waive the six (6) month waiting period to retake either the PACE or the PCCE exam in order to test beginning four (4) weeks after their initial attempt;
NOW, THEREFORE BE IT RESOLVED, that those PACE or PCCE applicants who wish to waive the six (6) month waiting period to retake either the PACE or the PCCE exam, be allowed to retest beginning four (4) weeks from the date of their initial attempt, if a waiver application is submitted to NFPA and the appropriate retesting fees are paid;
FURTHER RESOLVED, that the signed waiver application would allow the applicant to retest at their own risk before the next scheduled scoring run if they so choose; however, the additional testing fees would be submitted at the applicant’s own risk and will not be refunded;
FURTHER RESOLVED, that the waiver would in no way impact NFPA’s bylaws or requirements in order to sit for either exam, but impacts the retesting waiting period only;
FURTHER RESOLVED, that the NFPA Vice President and Director of Paralegal Certification (or their designee) will create a one-page waiver application to be used in applying for a waiver of the six (6) month waiting period to retest;
FURTHER RESOLVED, that the waiver application will be submitted to, approved by and updated as necessary by the Certification Standards Committee. The Certification Standards Committee must grant or deny the application within thirty (30) days of receipt.
FURTHER RESOLVED, that the Certification Standards Committee will be charged with drafting revisions to the procedures established by the PACE Standards Committee for Certification Examinations regarding the waiver of the six (6) month waiting period, to bring them current and align them with the actions of this Resolution.
RESOLUTION HISTORY
History:PACE
94M-11
WHEREAS the National Federation of Paralegal Associations ("NFPA") endorses, as stated in NFPA's regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state basis insofar as its implementation is consistent with the NFPA Mission Statement and expands the utilization of paralegals to deliver cost-efficient legal services as determined by NFPA member associations in the affected jurisdictions; and
WHEREAS NFPA currently does not have the authority to implement mandatory licensing; and
WHEREAS it is the desire of NFPA to establish a two-tiered proficiency-based testing program to enhance the growth and development of the paralegal profession; and
WHEREAS NFPA has determined the criteria for establishing and implementing such a test.
NOW, THEREFORE, BE IT RESOLVED that the National Federation of Paralegal Associations ("NFPA") shall establish an advanced two-tiered proficiency-based test (the "Test") for the paralegal profession; and
FURTHER RESOLVED that the taking of the Test shall be voluntary; and
FURTHER RESOLVED that the First Tier of the testing program shall include general (not specific to practice areas), ethics, and state-specific sections; and the Second Tier of the testing program shall consist of testing in areas of specialization; and
FURTHER RESOLVED that the First Tier must be taken prior to, or in conjunction with, the Second Tier; and
FURTHER RESOLVED that the following criteria shall be met in order to be eligible to take the Test;
1. Education
(a) A bachelor's degree;
AND
(b) completion of a paralegal program with an institutionally accredited school. Said paralegal program may be embodies(sic) in a Bachelor's degree.
2. Work Experience
(a) First Tier - 2 years work experience as a paralegal.
(b) Second Tier - 4 years work experience as a paralegal.
FURTHER RESOLVED that grandparenting provisions shall apply as follows:
1. First Tier - the above education criteria may be waived for paralegals with a minimum of three years' work experience as a paralegal; and
2. Second Tier - the above education criteria may be waived for paralegals with a minimum of five years' work experience as a paralegal.
To qualify for the grandparenting provisions, a paralegal must make application to take the Test within one (1) year following the date the Test is activated. The time period within which one must commence taking the Test shall be determined at a later date.
FURTHER RESOLVED that a committee comprised of paralegals, attorneys, paralegals educations who are not attorneys, an members of the general public shall be established to develop the Test in conjunction with a professional testing company; and
FURTHER RESOLVED that NFPA shall retain ownership of the Test; and
FURTHER RESOLVED that the Test shall be administered by an independent entity for a fee; and
FURTHER RESOLVED that NFPA shall establish a foundation to receive the net income generated from the administration of the Test and the funds shall be utilized exclusively for the expansion of the paralegal profession.
95-4
WHEREAS, the one year grandparenting sign-up period for the PACE exam does not allow enough time to reach all paralegals who may meet the grandparenting requirements and permit these paralegals sufficient time to register; and
WHEREAS, the provisions allowing a currently practicing paralegal to waive the education requirements for eligibility for grandparenting, as passed in Resolution 94M-11, are an inequitable substitute for a bachelors degree plus work experience which is required for those ineligible for grandparenting;
IT IS RESOLVED, that the language of Resolution 94M-11 relating to the grandparenting provisions of PACE should be amended as follows:
FURTHER RESOLVED: That grandparenting provisions shall apply as follows:
1. First Tier - all of the above criteria may be waived for paralegals with a minimum of four (4) years work experience as a paralegal; and
2. Second Tier - all of the above criteria may be waived for paralegals with a minimum of six (6) years work experience as a paralegal.
To qualify for the grandparenting provisions, a paralegal must make application to take the test within three (3) years following the date the test is activated. The time period within which one must actually take the test shall be determined at a later date.
All other provisions of Resolution 94M-11 shall remain in full force and effect and are not altered by this amendment.
03-3
WHEREAS, in recognition that the NFPA is a dynamic grass roots member driven organization dedicated to expanding the role of all paralegals in their diversity; and
WHEREAS, NFPA prefers a four (4) year degree, and
WHEREAS, the NFPA recognizes two (2) year institutionally accredited and/or ABA approved paralegal educational programs as valid and indeed has worked hard to encourage minimum standards and core competencies and to advance quality paralegal education standards and programs; and
WHEREAS, in recognition of NFPA's commitment to the psychometrically designed testing instrument to the level of a Bachelor's Degree plus experience; and
WHEREAS, in recognition of the value of experientially based education in addition to a two (2) year paralegal degree.
NOW THEREFORE, BE IT RESOLVED, that an Alternative Experiential Minimum Criteria in addition to a two (2) year institutionally accredited and/or ABA approved paralegal studies requirement as an option in lieu of a Bachelor's Degree be offered; and that the following criteria shall be met in order to be eligible to take PACE:
1. Education:
a) An Associate’s Degree in Paralegal Studies obtained from an institutionally accredited and/or ABA approved Paralegal Education Program; and
b) Six (6) years substantive paralegal experience; OR
c) A Bachelor's Degree in any course of study from an institutionally accredited school and three (3) years of substantive paralegal experience; OR
d) A Bachelor's Degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a Bachelor's Degree; and
e) Two (2) years substantive paralegal experience.
The Grandparent clause shall remain in its current form for those who do not meet the educational criteria, but had four (4) years paralegal experience on or before December 31, 2000.
All other provisions contained in previous resolutions shall remain in full force and effect.
History:PCCE
08-8
RESOLVED that NFPA hereby creates a committee to be chaired by the Vice President
Director of PACE and composed of NFPA members in good standing for the purposes of investigating, establishing, and recommending a plan for an entry level competency examination.
FURTHER RESOLVED that the committee is authorized to seek funding to cover any and all costs associated with the investigation and development of the plan for such entry level competency examination.
FURTHER RESOLVED that the committee shall present a resolution to the delegates at the 2009 NFPA Annual Convention Policy Meeting.
09-3
WHEREAS, the National Federation of Paralegal Associations (NFPA®) endorses, as stated in NFPA®’s regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state basis insofar as its implementation is consistent with the NFPA® Mission Statement and expands the utilization of paralegals to deliver cost efficient services as determined by NFPA® member associations in the affected jurisdictions; and,
WHEREAS, NFPA® currently does not have the authority to implement mandatory certification of paralegals; and,
WHEREAS, Resolution No. 08-08 charged the Committee with presenting a resolution at the policy meeting in 2009; and,
WHEREAS, it is the desire of NFPA® to establish a basic proficiency- testing program to enhance the growth and development of the paralegal profession; and,
WHEREAS, NFPA® has determined the advisability of creating criteria for establishing and implementing such a test,
NOW, THEREFORE, BE IT RESOLVED that the National Federation of Paralegal
Associations (NFPA®) shall establish, develop and implement a basic proficiency test
(the “Test”) for the paralegal profession; and,
FURTHER RESOLVED, that the taking of the Test shall be voluntary; and,
FURTHER RESOLVED, that the testing program shall not be either state specific nor practice area specific, and, further, that it shall include ethics; and,
FURTHER RESOLVED, that the NFPA® Board shall be authorized to implement new, or modify existing, procedures, as they relate to this agenda topic; and,
FURTHER RESOLVED, that this project shall continue to be under the direct supervision of the Vice President and Director of PACE; and,
FURTHER RESOLVED, that the existing Committee, under the auspices of the NFPA
Board, shall be authorized to develop and implement the Test in conjunction with
Professional Examination Services [PES]. In the event all current Committee members are unable to participate, the Vice President Director of PACE® shall be authorized to appoint replacement members, subject only to Board approval; and,
FURTHER RESOLVED, that NFPA® shall retain ownership of the test; and,
FURTHER RESOLVED, that the Test shall be administered by PES for a fee.
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