(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.

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