S.D. Admin. R. 20:75:02:06

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:75:02:06 - Request for accommodation of disability

The board shall accommodate the identified needs of qualified individuals with disabilities by making reasonable modifications or providing auxiliary aids or services. The board shall review a request for accommodation, auxiliary aids, or services in accordance with this section and §§ 20:75:02:07 to 20:75:02:09, inclusive. The board may not grant the request if doing so would fundamentally alter the measurement of skills or knowledge the examination is intended to test or would create undue financial or administrative burden on the board.

The board shall evaluate requests for reasonable accommodations for disabled individuals, who, because of special circumstances, believe they need additional time to complete the examination or special accommodations for taking the examination individually.

To request special accommodations, an individual must submit a written request to the board on forms provided by the board. The individual must supply the following information and materials for the board's evaluation:

(1) Identification of the type of disability, such as physical, mental, or learning;

(2) Professional verification of the disability by a qualified evaluator;

(3) An outline of accommodations or auxiliary aids needed; and

(4) A history of prior accommodations related to the currently identified disability.

All material must be signed original documents, and the board shall keep them confidential to the extent provided by law. The board may confer with consultants on the appropriateness of the request or may request the candidate to submit a second opinion.

The board may consider requests for additional time for each section and may require a second opinion be provided by an expert of the board's choice. Qualified individuals must sit for the examination in accordance with the requirements in SDCL subdivisions 36-20B-19(1) and (5).

The individual requesting an accommodation must pay for documentation submitted to the board with the request. The board shall pay for the board's consultants and any second opinion.

S.D. Admin. R. 20:75:02:06

29 SDR 16, effective 8/14/2002; 30 SDR 119, effective 2/9/2004; 35 SDR 165, effective 12/22/2008.

General Authority: SDCL 36-20B-12(16).

Law Implemented: SDCL 36-20B-12(16).

Definition of disability -- Learning disability, § 20:75:02:07. Administrative procedures, SDCL chs 1-26, 1-27.