11B-30.0071. Examination Accommodations for Applicants with Disabilities

(1) In compliance with the Americans with Disabilities Act (ADA) of 1990, the Department shall provide reasonable and appropriate accommodations to individuals with physical, mental, or specific learning disabilities to the extent such accommodations do not create an undue cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the disability. Each case shall be dealt with on an individual basis with the limits prescribed herein. Reference information and guidelines regarding the process for documenting disabilities are contained in the “Request for Test Accommodations for Examinees with Disabilities,” document, which may be obtained via the following web address: http://www.fdle.state.fl.us/cms/CJSTC/Documents/Exam/SpecialAccommodationsManual-1.aspx or by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): [phone], (TDD): [phone].

(2) An applicant requesting special accommodations shall submit an Application for Individuals Requesting Special Test Accommodations, form CJSTC-502, revised November 8, 2007, hereby incorporated by reference. Commission staff shall notify the applicant of the approval or denial of accommodations within forty-five calendar days of receipt of form CJSTC-502. Form CJSTC-502 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. The individual shall provide documentation of the disability by an appropriate professional, pursuant to paragraph (7)(e) of this rule section, when the disability and the requested accommodations are not obvious. Form CJSTC-502 may be obtained by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): [phone], (TDD): [phone].

(3) Accommodations to take the SOCE shall be provided for qualifying individuals pursuant to subsection (2) of this rule section. All accommodations shall 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. Individuals requiring extra time to take the SOCE shall submit a recommendation of such from an appropriate professional, pursuant to paragraph (7)(e) of this rule section. Approved accommodations for extra time shall be limited to one and a half times the regularly allowed time to complete the examination. Untimed certification examinations shall not be provided.

(b) Flexible Setting. Individual and small group settings for administration of the SOCE shall be made available to individuals when such a service is recommended by an appropriate professional, however, flexible settings are subject to test site capabilities.

(4) Accommodations that are not permissible. A reader shall not be allowed for applicants taking the SOCE or Basic Abilities Test (BAT). These examinations utilize diagrams, tables, or statutory reference materials to measure an applicant’s ability to apply these professional tools to solve problems and answer questions.

(5) Commission staff shall request further evidence for the necessity of the accommodation when the evidence substantiating the need for the accommodation is incomplete, inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(6) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide an individual with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the SOCE.

(7) Definition of Terms.

(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 disability; or

3. Is regarded as having such disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty, for example 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, pursuant to this rule section, include individuals 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” is a person licensed, pursuant to Chapters 460 (Chiropractic), 490 (Psychological Services), 458 (Medical Practice), 459 (Osteopathy), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services or certified as a School Psychologist by the Florida Department of Education), F.S., or is licensed in the state in which the certification of disability was performed. Any certification, documentation, or recommendation relating to the individual’s disability provided by an appropriate professional, and pursuant to the requirements of this rule, shall not be extended beyond the scope permitted by the 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 943.03(4), 943.12(1), 943.1397 FS. Law Implemented 943.12(17), 943.1397 FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 7-19-17.