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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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I'm currently pursuing my TEXAS barber license. I have a

Customer Question

I'm currently pursuing my TEXAS barber license. I have a disability that hinders me from performing certain task on the practical exam. Do I have a right to accommodations under the ADA?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Yes. I have documentation from neurologist
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 4 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, you have a right to "reasonable accommodations" for a disability defined by ADA. Exams administered by any private, state, or local government entity related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes are covered by the ADA and testing accommodations, pursuant to the ADA, must be provided.

Now that being said, the accommodations simply need to be "reasonable". That is, testing entities must ensure that the test scores of individuals with disabilities accurately reflect the individual’s aptitude or achievement level or whatever skill the exam or test is intended to measure. A testing entity must administer its exam so that it accurately reflects an individual’s aptitude, achievement level, or the skill that the exam purports to measure, rather than the individual’s impairment (except where the impaired skill is one the exam purports to measure). The point is that IF (and that's an if) the exam is initially being administered in a way where the disability impairs the testing, and it can be administered in a different way that would show your skills and knowledge, rather than being impaired by that disability, AND the difference is not unreasonably burdensome from a cost or time perspective, then it would generally be seen as "reasonable" under the ADA.

Furthermore, it has to be a disability as defined by the ADA. Under the ADA, an individual with a disability is a person who has a physical or mental impairment that substantially limits a major life activity (such as seeing, hearing, learning, reading, concentrating, or thinking) or a major bodily function (such as the neurological, endocrine, or digestive system). The determination of whether an individual has a disability generally should not demand extensive analysis and must be made without regard to any positive effects of measures such as medication, medical supplies or equipment, low-vision devices (other than ordinary eyeglasses or contact lenses), prosthetics, hearing aids and cochlear implants, or mobility devices. However, negative effects, such as side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual’s impairment substantially limits a major life activity.

So IF you have a disability as defined by the ADA and IF the testing accommodations sought are "reasonable" to accurately test the skills rather than the disability, then it should be granted. Now as you can imagine the existence of a disability and the need for and reasonableness of any accommodations are what are actually fought about in court.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 4 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 4 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 4 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 4 months ago.

Hello?

Expert:  ScottyMacEsq replied 4 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~50 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 4 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 4 months ago.

Hello???