Section 219.5 - Examinee Requirements(a) In order to attempt an examination, an examinee must: (2) present a valid photo ID; (4) not disrupt the examination; (5) comply with all the written and verbal instructions of the proctor; and (6) shall not: (A) bring any written material into the examination room; (B) bring any electronic devices into the examination room; (C) share, copy, or in any way reproduce any part of the examination; (D) engage in any deceptive or fraudulent act to gain admission; or (E) solicit, encourage, direct, assist or aid another person to violate any provision of this section or to compromise the integrity of the examination. (b) Requests for accommodation shall be made according to the following procedures: (1) Individuals with diagnosed disabilities may request reasonable accommodation 90 days prior to the scheduling of the initial licensing examination per applicable laws. Special accommodations will not be granted after the third failed attempt. (2) Request for accommodation shall be made in a written, notarized format, 90 days prior to the scheduling of a licensing examination, preferably before an endorsement is issued. These requests should be submitted to the commission for review and determination. Request responses will be mailed no later than 60 days after receipt of request. Incomplete request packages will be returned without review. (3) Requested documents include: (A) A letter from the Academy Coordinator documenting accommodations made during the basic licensing course. (B) Documentation should include a diagnosis of the learning disability, conducted within two years of accommodation request. The diagnosis must include prescribed accommodation parameters. (C) The diagnosis must be conducted by a certified specialist or a documented health professional or educational specialist trained in the disability (i.e., Dyslexia Testing Specialist or a documented health professional or educational specialist trained in dyslexic training and assessment). (4) The commission should be notified in writing if an individual who has applied for an accommodation decides not to utilize the accommodation or to withdraw a request for review. A waiver of accommodation must be signed by applicant prior to scheduling of licensing examination. (5) An appeal can be made by the applicant in writing no later than two weeks after a denial determination. The appeal must outline the rationale behind the appeal and a list of further accommodations being requested for consideration. The Appeal will be reviewed by the Executive Director for consideration. Final determinations will be mailed to applicant no more than 30 days after receipt of the appeal. (c) The commission may deny or revoke any license or certificate held by a person who violates any of the provisions of this section. The commission may file a criminal complaint against any individual who steals or attempts to steal any portion of the examination, reproduces without permission any part of the examination, or who engages in any fraudulent act relating to the examination process. (d) The effective date of this section is June 1, 2014. 37 Tex. Admin. Code § 219.5
The provisions of this §219.5 adopted to be effective January 1, 2012, 36 TexReg 8998; amended to be effective June 1, 2014, 39 TexReg 3444