Aging and Disability Services Council Sharon Swift Butterworth ...

(3) The examination must be given after the applicant has successfully completed the
training program or met the requirements of §95.107(c)-(e) of this title (relating to Training
Requirements; Nursing Graduates; Reciprocity).
[begin addition] (4) An applicant with a disability, including an applicant with dyslexia as
defined in Texas Education Code §51.970 (relating to Instructional Material for Blind and
Visually Impaired Students and Students with Dyslexia), may request a reasonable
accommodation for the examination under the Americans with Disabilities Act. [end addition]
[begin addition] (5) [end addition] [begin deletion] (4) [end deletion] Staff of a
training program must notify DADS at least four weeks prior to its requested examination date.
[begin addition] (6) [end addition] [begin deletion] (5) [end deletion] DADS
determines the passing grade on the examination.
[begin addition] (7) [end addition] [begin deletion] (6) [end addition] If DADS grades
or reviews the examination, DADS notifies the applicant of the results of the examination not
later than the 30th day after the date the applicant took the examination.
[begin addition] (8) [end addition] [begin deletion] (7) [end deletion] If a testing
service grades or reviews the examination:
(A) DADS notifies the applicant of the results of the examination not later than
the 14th day after the date DADS receives the results from the testing service; and
(B) if notice of the examination results will be delayed for longer than 90 days
after the examination date, DADS notifies the applicant of the reasons for the delay before the
90th day.
[ begin addition] (9) [end addition] [begin deletion] (8) [end deletion] DADS may
require a testing service to notify an applicant of the results of the applicant’s examination.
[begin addition] (10) [end addition] [begin deletion] (9) [end deletion] DADS notifies
in writing an applicant who fails the examination.
(A) DADS may give an applicant under §95.107(a) of this title one subsequent
examination, without additional payment of a fee, upon the applicant's written request to DADS.
(B) A subsequent examination must be completed by the date given in the failure
notification. The site of the examination is determined by DADS.
(C) DADS gives no further examinations if the student fails the subsequent
examination, unless the student enrolls in and successfully completes another training program.
(D) If requested in writing by an applicant who fails the examination, DADS
furnishes the applicant with an analysis of the applicant’s performance on the examination.
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