Current through Reg. 50, No. 187; September 24, 2024
(1) The
Department of Agriculture and Consumer Services will provide reasonable and
appropriate accommodations to candidates with physical, mental, or specific
learning disabilities to the extent permitted by cost, administration
restraints, security considerations, and availability of resources.
Accommodations made will vary depending upon the nature and the severity of the
impairment. Each case will be dealt with on an individual basis within the
limits prescribed herein. In the instances where an exam is developed or
administered by a vendor, approval must be obtained from the vendor.
(2) A candidate requesting special
accommodation must file the request in addition to his or her completed
application for licensure examination by the final application deadline of the
assigned examination. The candidate must provide documentation of his or her
disability completed by an appropriate professional. The candidate's
documentation shall include:
(a) The diagnosis
and length of time with the condition;
(b) The name and the results of the test(s)
used for diagnosis; and,
(c)
Recommended accommodations and testing environment.
(3) Reasonable and appropriate accommodations
will be made for qualifying candidates. All accommodations must be directly
linked to the amelioration of the identified functional limitations caused by
the asserted disability and must be reasonable and effective. Permissible
accommodations include:
(a) Flexible Time.
Candidates requiring extra time for the examination must submit a
recommendation of such from an appropriate professional. The Department
recognizes that reading Braille or using a live reader takes longer than
reading regular print. Untimed examinations will not be provided.
(b) Flexible Setting. Individual and small
group setting examination administrations shall be available to candidates when
such a service is recommended by an appropriate professional.
(c) Flexible Recording of Responses. The
candidate's responses can be recorded by a proctor, a tape recorder, a
typewriter, a Braille writer, marked on the test booklet, or other method
approved by the Department. The proctor may transcribe the candidate's
responses onto a machine scannable answer sheet. In these instances, the
candidate will verify that the answers he or she indicated were
marked.
(d) Flexible Format. The
test booklet may be produced in large print, high quality regular print,
Braille, or the test may be tape recorded, read aloud, or signed by an
interpreter.
(e) Assistive Devices.
The candidate, upon approval of the department, will be allowed to use
appropriate assistive devices, such as lights, magnifiers, or special computer
screens.
(4) The
Department shall request further evidence on the necessity of the accommodation
when the evidence substantiating the need for the accommodation is not
complete. The Department shall request that the applicant submit to another
professional evaluation to verify the disability or to determine what
accommodations are most appropriate and effective when the initial evaluation
is inconclusive, unclear, or does not substantiate the need for the requested
accommodation.
(5) In no case shall
any modifications authorized herein be interpreted or construed as an
authorization to provide a candidate with assistance in determining the answer
to any test item. No accommodation or modification shall be made that adversely
affects the integrity of the examination.
(6) Definition of Terms.
(a) A person with disabilities means any
person who:
1. Has a physical, mental, or
specific learning disability which presently substantially limits one or more
major life activities,
2. Has a
record of such a disability, or
3.
Is regarded as having such a disability. An individual meets the requirement of
"being regarded as having such a disability" if the individual establishes that
he or she has an actual or perceived physical or mental impairment whether or
not the impairment limits or is perceived to limit a major life
activity.
(b) Major life
activities are activities that an average person can perform with little or no
difficulty including walking, talking, hearing, breathing, learning, working,
caring for one's self, and performing manual tasks.
(c) A person with a physical disability means
any person who has a permanent or temporary physical or psychomotor disability.
Examples of a disability under this section include those disabilities that
require the use of a wheelchair, braces, or crutches. It also includes
candidates with a hearing or sight disability, or those who may need special
accommodation to move about.
(d) A
person with a learning disability means any person who has a permanent or
temporary mental disability such as brain damage, brain dysfunction, dyslexia,
or a perceptual disorder.
(e) For
purposes of this rule, "an appropriate professional" means a physician licensed
pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine),
F.S.; a professional licensed pursuant to Chapters 460 (Chiropractic), 461
(Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology
and Audiology), or 490 (Psychological Services), F.S.; or appropriately
licensed in the state in which the certification of disability was performed.
Any certification, documentation, or recommendation relating to a candidate's
disability provided by an appropriate professional pursuant to the requirements
of this rule must not be beyond the scope permitted by law for that
professional or that which the professional knows or has reason to know that he
or she is not competent to perform.
Rulemaking Authority 472.008 FS. Law Implemented 472.0131
FS.
New 10-17-12.
