(a) "Disability" has the meaning assigned by the ADA.
(b) Applicants who request a reasonable accommodation
based on a claimed disability are provided with reasonable accommodations
if they meet the eligibility criteria set forth in this subchapter.
(c) To be eligible for a reasonable accommodation based
upon a diagnosed disability, a BEI applicant must make a written request
and must:
(1) provide written documentation from a licensed medical
professional (a physician, psychiatrist, advanced practice registered
nurse, or psychologist) that:
(A) specifies the applicant's disability diagnosis
or diagnoses;
(B) explains how the applicant's disability substantially
limits his or her ability to take the test for which the applicant
is applying under current testing procedures;
(C) provides guidance about recommended modifications
that enable the applicant to test; and
(D) is dated less than two years from the date the
application was received for the test for which the applicant is seeking
an accommodation; and
(2) submit all documentation under cover of the certifying
medical professional's letterhead and signature to DHHS.
(d) DHHS determines what reasonable accommodations
an eligible BEI applicant receives, and the determination is final.
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Source Note: The provisions of this §360.229 adopted to be effective April 24, 2013, 38 TexReg 2513; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 946 |