SECTION 511.95. Evaluation of the Accommodation Request

(a) The board has the responsibility to evaluate the accommodation request and to approve, deny, or suggest alternative reasonable accommodations. The board may consider an applicant's history of accommodation in determining its reasonableness in relation to the currently identified impact of the disability.

(b) If the board believes the requested accommodation is inappropriate, it shall consult with the applicant to reach a mutually agreeable solution, whenever possible. The board reserves the right to determine what it believes is a reasonable accommodation. However, if the board does not accept a qualified professional's most recent opinion supporting a requested accommodation and the required documentation is complete, the board shall bear the costs of gathering further evidence of the need for an accommodation.

(c) The board shall give greater weight to a more recent diagnosis if the condition or available accommodations are subject to change. Alternative accommodations may be provided when they are recommended by a qualified professional as defined in §511.97 of this chapter (relating to Examination of Applicant Approved with Accommodation).

Source Note: The provisions of this §511.95 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective August 8, 2012, 37 TexReg 5774