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61California

Regulations

Disability History Week

On April 19, 2010, ACR162 was introduced in the California Assembly by Assemblymember Beall, and was subsequently introduced in the Senate. This resolution aims to establish the second week in October as Disability History Week, and encourages public and private institutions of higher education, state and local agencies, non-profit and community organizations and private businesses to observe the week by dedicating appropriate classroom instructional time or by coordinating all-inclusive activities to be conducted to afford opportunities for students and the general public to learn more about the disability community and to celebrate its role in contemporary American society.
The resolution was passed unanimously by both the Assembly and Senate shortly after July 26, 2010, the 20th Anniversary of the ADA. The second week in October is now California’s official Disability History Week. Organizing Disabled and Proud members and all the other supporters of the initiative.273
The Lanterman Developmental Disabilities Services Act

The Lanterman Developmental Disabilities Services Act, known as the “Lanterman Act,” is an important piece of legislation that was passed in 1969. This is the California law that says people with developmental disabilities and their families have a right to get the services and supports they need to live like people without disabilities.
The Lanterman Act outlines the rights of individuals with developmental disabilities and their families, how the regional centres and service providers can help these individuals, what services and supports they can obtain, how to use the individualized program plan to get needed services, what to do when someone violates the Lanterman Act, and how to improve the system.274
Regional centers provide some services for children who are eligible under the Lanterman Developmental Disabilities Services Act that are not provided as special education and related services.275
Regional centres are private and non-profit corporations. The regional center is the contact in community for help getting the services and supports students want and need. With help, the regional center develops an IPP for students and pays for some of the services in students’ IPP.
Every regional centre client is assigned a service coordinator, also called a case manager or client program coordinator. Student service coordinator helps students to get the services listed in their IPP, including services from other agencies, like Medi-Cal or the school district. If any of the services listed in their IPP are not available elsewhere, the regional center will pay for the services.
There are 21 regional centres in California. Each one serves a different area of the state. The Department of Developmental Services, called DDS for short, is the state agency that monitors the regional centers and makes sure they implement the Lanterman Act.276
The Rehabilitation Act

The Rehabilitation Act of 1973 (PL 93-112), amended in 1992, includes Section 504, which affirms the right of any student or adult who has a mental or physical impairment which inhibits a major life activity including learning; has a history of such an impairment; or is considered by a team of knowledgeable individuals to have such an impairment, from being discriminated against program or activity receiving federal financial assistance. This Act also requires that students be given a free appropriate public education in regular education classes, with necessary supplementary aids and services, if they are determined by a school team to be disabled under Section 504 or the Americans with Disabilities Act (ADA). Such eligibility may exist without concurrent eligibility for special education under the Individuals with Disabilities Education Act (IDEA).
The Rehabilitation Act was followed in 1975 by the passage of PL 94-142, the Education of Handicapped Act, which was changed in 1990 to the IDEA. This legislation provides that all students who are eligible for special education must be provided with a free appropriate public education in the least restrictive environment.
The California Legislature implements the provisions of IDEA through the California Master Plan for Special Education. This plan was first implemented statewide in 1980 with the passage of Senate Bill 1870.
Some of the major areas covered by state and federal laws are the following:
Child Find - Each public school system is responsible to find children with disabilities in its area

Free Appropriate Public Education (FAPE) - Each public school system is responsible for ensuring that each child with disabilities is served appropriately, at no expense to the parent

Least Restrictive Environment (LRE) - Each child is assured of his/her right of education with non-disabled competitors to the maximum extent appropriate to the needs of both

Due Process - The right of parent participation, and challenge, in all aspects of assessment, identification and placement is assured; involves mediation or administrative hearing procedures and complaint procedure in case of disputes

Individualized Educational Planning (IEP) - The right of a child to an educational program designed to meet his/her individual needs and based on adequate assessment is assured. At age 14 to 16, this includes the development of an Individual Transition Plan (ITP) to provide for transition into the world of work.

These concepts have been reinforced and interpreted by a number of court cases since the passage of the law. Two notable cases in the State of California are the Larry P. Case, which established strict rules concerning the use of standardized intelligence tests with minority populations, and the Diana Case, which has caused school systems to revise their bilingual special education assessments. The complexity of these rules and responsibilities has created the need for skilled and knowledgeable administrators who must understand the laws and apply them fairly. The SELPA Administrator is responsible for assuring that,

All individuals with disabilities receive a free appropriate public education in the least restrictive environment.

All regular education resources are considered and, where appropriate, utilized on a local or regional basis to meet the needs of students with disabilities.

A system exists at the regional level for identification, assessment and placement of disabled students.

A viable system for public education is functioning in the community, with broad participation and interaction involving parents and other agencies serving children and young adults.

An annual compliance monitoring system implemented, that continues to assure non- compliant items that have been identified through Self-Reviews, Verification Reviews, Focused Monitoring or Complaints have and continue to be rectified.

Web Accessibility Regulations277

Web accessibility became a popular issue in 1998 when Section 508 of the Rehabilitation Act of 1973 was amended. It mandated that federal agencies and their contractors ensure that their Web sites were fully accessible to persons with disabilities. Section 508 incorporates sixteen rules for Web-based intranet and internet information and applications. Of the sixteen rules, eleven were adopted directly from the Web Content Accessibility Guidelines (WCAG) that had been recently developed by the World Wide Web Consortium’s (W3C) Web Accessibility Initiative (WAI).

Section 508 was the first comprehensive federal law that specifically outlined how Web sites must be developed. Other laws had previously begun to establish compelling reasons for Web site accessibility as a means for improving general access. For example:

Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act of 1990

The Telecommunications Act of 1996

While many individuals and organizations have become familiar with the concept of “accommodation” that other laws reference, Section 508 is unique in that the law actually dictates specific accessibility development requirements for Web sites.

The California Department of Education (CDE) adopted its first set of accessibility standards in 2001, which were based almost entirely on the Version 1.0 Checkpoints from the W3C WCAG.

In 2003, the State of California enacted Government Code (GC) Section 11135, requiring all of its agencies and departments to comply with federal Section 50


Government Policies and Programs

Advisory Commission on Special Education (ACSE)

The Commission is an advisory body required by Federal and State Statute. The ACSE provides recommendations and advice to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor in new or continuing areas of research, program development and evaluation in California special education.
The ACSE consists of appointed members from the Speaker of the Assembly, Senate Committee on Rules, Governor, and the State Board of Education. The membership consists of parents, people with disabilities, people knowledgeable about the administration of special education, teachers, and legislative representation from the Assembly and Senate.
The ACSE addresses numerous issues in California Special Education including:
Student Outcomes

Incarcerated Youth

Positive Behavioural Interventions

Interagency Agreements

Teacher Credentialing

Parity for Parents/Families

Integrated Services278

California Special Education Local Plan Areas (SELPA)

In 1977, all school districts and county school offices were mandated to form consortiums in geographical regions of sufficient size and scope to provide for all special education service needs of children residing within the region boundaries. Each region, Special Education Local Plan Area (SELPA), developed a local plan describing how it would provide special education services.
SELPAs are dedicated to the belief that all students can learn and that special needs students must be guaranteed equal opportunity to become contributing members of society. SELPAs facilitate high quality educational programs and services for special needs students and training for parents and educators. The SELPA collaborates with county agencies and school districts to develop and maintain healthy and enriching environments in which special needs students and families can live and succeed.
Overview

Significant changes have occurred in services and programs provided for children with exceptional needs in the public schools of California. These changes have stemmed from new laws and regulations at both the state and national levels, as well as from the spirit of fairness, balance and equality that characterize the public school system in the US. New interpretations of existing laws by the courts have further modified and expanded the services required for exceptional students.
Previously, children with disabilities were identified only if their educational needs were obvious. Then, they tended to be placed into programs designed to serve children with similar disabilities in special schools or located separately on comprehensive school sites. Such categorical programs were usually effective in providing specialized services for the populations they served; but in many cases, expectations for these groups were inappropriate in relation to the students' actual potential.
Gradually, the community and public agencies have become aware that children with disabilities can be educated with their non-disabled competitors, guaranteeing equal opportunities for all children including children with disabilities.

This required the sharing of program resources, including transportation, through regional cooperation among public and non-public schools and non-educational agencies.


In the early seventies, a simultaneous movement across the country resulted in the passage of important federal and state laws. The federal laws were PL 93-112 and PL 94-142. In 1987, PL 99-457 was passed which expanded services to preschool children. In response to these laws, legislation was passed in California that provides the legal foundation for a comprehensive plan in special education and requires local districts and agencies to establish SELPAs to address the needs of all children with disabilities.279
California Services for Technical Assistance and Training (CalSTAT)

California Services for Technical Assistance and Training (CalSTAT) is a special project of the California Department of Education, Special Education Division, located at Napa County Office of Education. It is funded through the Special Education Division and the California State Personnel Development Grant (SPDG). The SPDG, a federal grant, supports and develops partnerships with schools and families by providing training, technical assistance and resources to both special education and general education.280
Disability Rights Education and Defence Fund (DREDF)

DREDF is a Parent Training and Information Center (PTI) funded by the US Department of Education. PTIs serve families of children and young adults from birth to age 26 with all disabilities: physical, cognitive, emotional, and learning. They help families:

Obtain appropriate education and services for their children with disabilities

Work to improve education results for all children

Train and inform parents and professionals on a variety of topics

Resolve problems between families and schools or other agencies

Connect children with disabilities to community resources that address their needs281


Post-Secondary Education Case Studies

California State University Northridge
Disability Resources and Educational Services

Disability Resources and Educational Services (DRES) is guided by the belief that each individual has strengths, abilities and talents. Through student service, training and education programs, DRES furthers the vision of an inclusive society that supports the attainment of academic, professional and personal goals for persons of all abilities.
Accommodating Students

Faculty plays an essential role in supporting student success and ensuring access for students with disabilities.

Include a disability-related statement on the syllabus

While it is the faculty member's responsibility to ensure the learning environment is accessible, it is the student's responsibility to request accommodations. Faculty may find it useful to include a statement on the syllabus that educates students with disabilities about the steps they need to take to receive classroom accommodations. Faculty members are further encouraged to include a statement that invites students with disabilities to meet in a confidential environment to discuss arrangements for accommodations.

Provide access to classroom and course materials



Faculty members are responsible for ensuring that all course materials are accessible to all students. Faculty members are encouraged to learn how to create accessible materials by utilizing the resources and assistance provided by the Accessible Technology Initiative (ATI). ATI and DRES recommend the following to ensure that students are equipped prior to the start of the semester.282
San Jose State University

The San Jose State University Accessible Education Center (AEC), formerly known as the Disability Resource Center (DRC), Division of Student Affairs, is a comprehensive center providing both students and employees with accommodations and services. The Centre works closely with faculty, staff, programs and departments to deliver services and promote access for students with disabilities in the classroom and throughout the campus.283

Academic Accommodations

The Accessible Education Center (AEC) at San Jose State University has facilitated academic accommodations and retention services to students with disabilities since 1972. AEC works closely with students towards creating an accessible and cooperative learning environment at SJSU. The AEC believes the formula for success is inclusion, equal opportunity and focuses on providing equal access to students with disabilities while also maintaining academic integrity. This can only be achieved by AEC staff, students with disabilities and faculty working together as a team.
ADA Compliance

The AEC engages in American Disabilities Act (ADA) compliance by building partnerships and collaborations with various campus entities to facilitate access for the disability community at SJSU. Its goal is to continuously improve the accessibility of campus, and more specifically, to create an environment where access to programs and facilities appears seamless.
Deaf and Hard of Hearing Services

In conjunction with the Accessible Education Center's mission to provide high-quality retention services to students with disabilities, the Deaf and Hard of Hearing (DHOH) Services program provides professional Educational Sign Language Interpreting and Educational Real-Time Captioning services. Note-taking services and an Assistive Listening Device (ALD) Loaner Program are also available.
Learning Disability Services

The Accessible Education Center (AEC) strives to provide an array of academically related services for students with learning disabilities. Accommodations for curriculum requirements are determined on a case-by-case basis and provided specifically for coursework in which the learning disability impacts curriculum requirements.284


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