SECTION 571.27. Disability Accommodations

(a) The Board will evaluate all requests for examination protocol modifications to determine whether the applicant:

(1) has a disability, as defined by the Americans with Disabilities Act of 1990 (ADA); and

(2) is qualified for protection under Title II of the ADA. Such modifications must maintain the security of the examination. Exam modifications that fundamentally alter the nature or security of the exam are not permitted. Qualified individuals with disabilities are required to request reasonable accommodations every time they apply to take an examination, by the deadline for submission of disability accommodation requests as set out in the schedule on the Board website.

(b) To request a modification of examination protocol on the basis of a disability, an applicant shall complete the ADA Accommodations Request Form available on the Board website, and submit documentation providing evidence of a substantial current limitation to physical or academic functioning. A prior history of accommodations, without demonstration of a current need, will not necessarily warrant approval of testing modifications.

(1) Documentation for all disabilities shall describe the specific diagnosed disability, the extent of the disability, the criteria for the diagnosis, the type and length of treatment and the recommended accommodation.

(2) The diagnosed disability must be specific. Terms such as "problems," "deficiencies," "weaknesses," "differences," and "learning disabilities" are not the equivalent of a specific diagnosed disability.

(3) Documentation must state the specific requested accommodation. "Extended time" or "unlimited time" is not sufficient. Documentation shall indicate why specific accommodations are needed and how the effects of the specific disability are mediated by the recommended accommodations.

(4) Documentation must state any medication that the applicant is currently taking that is directly linked to the disability and any effect that medication may have relating to the major life activity affected by the disability.

(5) Documentation can include, but is not limited to, clinical evaluations performed by a licensed or qualified professional (e.g., physician or psychologist) who has conducted an examination of the applicant and has diagnosed a physical or mental impairment. Clinical evaluations can include, but are not limited to, a letter or detailed report from an evaluating professional on the evaluating professional's official letterhead. If submitting a clinical evaluation, an applicant shall also submit the examining professional's area of specialization and professional credentials, including any relevant certification and licensure.

(6) Documentation shall not be older than three years from the date of submission.

(7) All medical records provided to the Board are confidential under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(c) The entity giving the examination (i.e., TBVME or NBVME) shall be responsible for reviewing and determining whether to grant disability accommodation requests. Once accommodations have been granted, they may not be altered during the examination unless prior approval of the Executive Director is obtained.

Source Note: The provisions of this §571.27 adopted to be effective November 20, 2011, 36 TexReg 7666