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RULE §14.13Request for Special Consideration

(a) Except as provided in subsection (c) of this section, any person disqualified on the basis of the medical examination may request special consideration from the director, or designee, for a waiver of medical disqualification in accordance with the following procedure:

  (1) The form, Texas Medical Advisory Board Release Authorization for School Bus Drivers (see the figure in this paragraph), must be properly completed and signed by both the person applying for the waiver (applicant) and each examining physician that provides medical records and/or a medical opinion referring to the applicant, and must accompany each request for special consideration.

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  (2) In requesting special consideration, the applicant must submit in writing to the director or designee clear and convincing evidence supporting that his or her functions are not impaired to such an extent as to reduce the applicant's physical and mental capabilities to safely operate a school bus, school activity bus, or multifunction school activity bus; or endanger the safety and welfare of school children. The director or designee may require the applicant to submit additional supporting evidence or other related information.

  (3) The following documents must be delivered to the department for each waiver request:

    (A) A written request for Special Consideration;

    (B) Medical Examination Report for Commercial Driver Fitness Determination, as specified in §14.12 of this title (relating to Medical Qualifications);

    (C) Texas Medical Advisory Board Release Authorization; provide one copy for each physician that submits a medical opinion and/or medical records referring to the applicant;

    (D) Letter from the prospective employer; and

    (E) Letter(s) containing medical opinion(s) and/or medical records from any examining physicians that applicant requests the Medical Advisory Board to review.

  (4) The director or designee shall forward the Request for Special Consideration, along with all submitted supporting evidence/documentation submitted by the applicant, to the Medical Advisory Board for official review and recommendation/opinion.

  (5) Following receipt of the recommendation of the Medical Advisory Board, the director or designee shall review the findings and recommendation and may grant or deny the applicant's request for special consideration. In no event will the director or designee grant a request for special consideration in the absence of a report or statement from the Medical Advisory Board indicating approval.

  (6) The Department may impose appropriate restrictions on the license of the applicant as authorized in Texas Transportation Code, §521.221.

(b) Eligibility verifications. Requests for Special Consideration will include a review for satisfactory compliance as described in §14.11, of this title (relating to School Bus Driver Employment Qualifications) and §14.14, of this title (relating to Minimum Driving Record Qualifications). A waiver shall not be granted if these standards are not also met.

(c) In accordance with Texas Transportation Code, §521.022(g), the department will grant a medical waiver to an otherwise qualified person with a hearing disability allowing that person to serve as a school bus driver when transporting hearing-impaired students.

Source Note: The provisions of this §14.13 adopted to be effective March 18, 2009, 34 TexReg 1876

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