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The board that administers New York’s bar exam is immune from being sued for discrimination under the Rehabilitation Act, a federal appeals court has ruled, reversing a lower court finding that it had waived immunity under the 11th Amendment of the Constitution because it was part of New York’s court system, which receives federal funding.

A 2nd Circuit U.S. Court of Appeals panel said Wednesday that New York’s court system cannot be treated as a single entity, and that the New York State Board of Law Examiners is not directly connected to the part of the system that receives federal money. The court left it up to a district judge to decide whether to dismiss a related Americans with Disabilities Act claim brought by the plaintiff, named as T.W., on remand.

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