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 request must be received at the board's office by March 1 for the May examination or by September 1 for the November examination or by mail, postmarked by March 1 for the May examination or by September 1 for the November examination. 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-17(1) and (5).
The individual requesting an accommodation must pay for documentation submitted to the board with the request. The board will pay for the board's consultants and any second opinion.
Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004.
General Authority: SDCL 36-20B-12(16).
Law Implemented: SDCL 36-20B-12(16).
Cross-References: Definition of disability, § 20:75:02:07; Administrative procedures, SDCL chs 1-26, 1-27.
20:75:02:07. Definition of disability -- Learning disability. A disability is defined as having a physical or mental impairment that substantially limits one or more of the major life activities of an individual; having a record of such an impairment; or being regarded as having such an impairment. Mental impairment includes any mental or psychological disorder, such as organic brain syndrome, emotional or mental illness, and specific learning disabilities.
A learning disability is individual evidence of significant learning difficulties which substantially affect or limit one or more major life activities and which are not primarily due to cultural, emotional, or motivational factors. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage. The individual must show evidence of significant impairment in one or more of the following areas of intellectual functioning and information processing:
(1) Attention and concentration;
(2) Efficiency and speed of information processing;
(3) Reception (perception and verbal comprehension);
(4) Memory (ability for new learning);
(5) Cognition (thinking); and
(6) Expression.
Significant impairment is determined by a discrepancy of 1.5 standard deviations, or more, between the individual's intellectual functioning, as measured by one of the general cognitive ability tests listed in the List of Most Commonly Used Reliable Standardized Psychometric Tests in Appendix A at the end of this chapter and actual performance on reliable standardized measures of attention and concentration, memory, language reception and expression, cognition, and in the academic areas of reading, spelling, writing, and mathematics. If a measurement instrument is used which is not on this list, it may be considered if it is listed in the Mental Measurements Yearbook issued by Buros Institute of Mental Measurement, University of Nebraska, and is being used for the purpose for which it was developed.
Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004.
General Authority: SDCL 36-20B-12(16).
Law Implemented: SDCL 36-20B-12(16).
Note: The South Dakota State Library has the Mental Measurements Yearbook published by the Buros Mental Measurement Institute, University of Nebraska, in its reference collection. The latest is Yearbook 15, edited by Jane Close Conoley and James C. Impara and published in January 2003. The yearbook is published every other year with a supplement in the following year. Copies of the yearbook or supplement may be ordered from the University of Nebraska Press, PO Box 880484, Lincoln, NE 68588. The cost of the yearbook is $195 and the cost of the supplement is $65.
20:75:02:08. Qualifications of evaluator for physical or mental disabilities. The evaluator for physical or mental disabilities must have special expertise in the area of disability and must be a licensed physician, licensed psychologist, or a healthcare provider licensed by a state regulatory agency. If an evaluator who does not fit this criterion performs the evaluation, the board may require an evaluation that meets the requirements of this section.
Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004.
General Authority: SDCL 36-20B-12(16).
Law Implemented: SDCL 36-20B-12(16).
Cross-References: Physicians and surgeons, SDCL ch 36-4; Psychologists, SDCL ch 36-27A.
20:75:02:09. Qualifications of evaluator for learning disabilities. The evaluator for learning disabilities must be either a licensed psychologist or licensed physician who possesses a minimum of three years experience working with adults with learning disabilities or another professional who possesses a master's or doctor's degree in special education or educational psychology from an accredited institution. The professional's training must include at least three years of equivalent training and experience in the following areas:
(1) Assessing intellectual ability level and interpreting tests of such ability;
(2) Screening for cultural, emotional, and motivational factors;
(3) Assessing achievement level; and
(4) Administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.
Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004.
General Authority: SDCL 36-20B-12(16).
Law Implemented: SDCL 36-20B-12(16).
20:75:02:10. Professional verification of the disability. The professional verification of the disability must include the following:
(1) The nature and extent of the disability;
(2) The tests performed to diagnose the disability, if applicable;
(3) The effect of the disability on the individual's ability to perform under standard testing conditions;
(4) The recommended accommodation and how it relates to the individual's disability, given the format of the examination;
(5) The professional's name, title, telephone number, professional license or certification number, education credential, and original signature; and
(6) A description of the professional's educational and work experience which qualifies the professional to make the determination.
Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004.
General Authority: SDCL 36-20B-12(16).
Law Implemented: SDCL 36-20B-12(16).