Americans with Disabilities Act s1

LAWS and RIGHTS

Legislation

Americans with Disabilities Act

The Americans with Disabilities Act, (ADA) enacted in 1990, is a federal law prohibiting discrimination on the basis of a disability. Among the many areas that are affected are transportation, access to buildings, telecommunications, licensing and credentialing examinations, and employment. The latter two areas are of prime importance to persons with disabilities. While the federal government now enforces anti-discrimination laws in these areas, a person should be knowledgeable regarding the ADA.

An excellent document regarding the ADA is The Americans with Disabilities Act Questions and Answers, published by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice, Civil Rights Division. In addition to answering questions, this pamphlet provides additional sources of information. A one- page fact sheet is also available. Copies of the law are available without cost from your Congresspersons' offices and the Department of Justice. These are available in braille, large print, audio tape, electronic file on computer disk, and on an electronic bulletin board. The National Institute on Disability and Rehabilitation Research has a web portal that offers approximately 3400 documents on ten subject categories on the ADA- www.adaportal.org.

The Office of Fair Housing and Equal Opportunity (Office of Program Compliance and Disability Rights) offers assistance concerning provisions of ADA and accessibility rights. The State of California Department of Fair Housing investigates complaints of discrimination in employment, housing, and public accommodations. Consult with the IRS for information on tax credits and deductions that may assist businesses in complying with ADA.

Individuals with Disabilities Education Act (IDEA)

DEPARTMENT OF EDUCATION 34 CFR Parts 300 and 301RIN 1820-AB57 IDEA 2004 introduced important changes in the provision of special education services for students with disabilities. One of the most significant changes concerns the requirement that students with disabilities receive access to the general curriculum. Specifically, the new Amendments require that students with disabilities: (1) have access to the general curriculum; (2) be involved in the general curriculum; and (3) progress in the general curriculum.

TITLE I Part B Section 612 (a)(23) (A) IN GENERAL—The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register…. (E) DEFINITIONS—In this paragraph: (i) NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER—The term 'National Instructional Materials Access Center' means the center established pursuant to section 674(e). (ii) NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD—The term 'National Instructional Materials Accessibility Standard' has the meaning given the term in section 674(e)(3)(A). (iii) SPECIALIZED FORMATS—The term 'specialized formats' has the meaning given the term in section 674(e)(3)(D).

TITLE I Part B Section 613 (B) RIGHTS OF LOCAL EDUCATIONAL AGENCY—Nothing in this paragraph shall be construed to require a local educational agency to coordinate with the National Instructional Materials Access Center. If a local educational agency chooses not to coordinate with the National Instructional Materials Access Center, the local educational agency shall provide an assurance to the State educational agency that the local educational agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

TITLE III SEC. 306 Copyright, Section 121 of title 17, United States Code (1) by re-designating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a publisher of print instructional materials for use in elementary or secondary schools to create and distribute to the National Instructional Materials Access Center copies of the electronic files described in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals with Disabilities Education Act that contain the contents of print instructional materials using the National Instructional Material Accessibility Standard…. (4) 'specialized formats' means— (A) braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and (B) with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities. IDEA requires public agencies to ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum includes “regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions.” 34 C.F.R. § 300.115. Schools for the deaf and schools for the blind are schools required to be included in this continuum. A child’s educational placement is based on his Individualized Education Program (IEP), which is developed by his teachers and parents, based on his needs. The IEP and placement must be designed to provide the child a Free Appropriate Public Education (FAPE). The placement must be in the Least Restrictive Environment (LRE), and one in which the IEP can appropriately be implemented. For many deaf and hard of hearing children and many blind and visually impaired children the LRE is a specialized setting. According to the United States Department of Education: Any setting which does not meet the communication and related needs of a child who is deaf, and therefore does not allow for the provision of FAPE, cannot be considered the LRE for that child. The provision of FAPE is paramount, and the individual placement determination about LRE is to be considered within the context of FAPE. U.S. Department of Education. Deaf Students Education Services; Policy Guidance; Notice. 57 Fed. Reg. 49274 (October 30, 1992).1 Some [blind and visually impaired] students have been inappropriately placed in the regular classroom although it has been determined that their IEPs cannot be appropriately implemented in the regular classroom even with the necessary and appropriate supplementary aids and services. In these situations, the nature of the student's disability and individual needs could make it appropriate for the student to be placed in a setting outside of the regular classroom in order to ensure that the student's IEP is satisfactorily implemented.

The Chaffee Amendment

Under the Legislative Branch Appropriations Bill, H.R. 3754, Congress approved a measure, introduced by Senator John H. Chafee (R-R.I.) on July 29, 1996, that provides for an exemption affecting the NLS program. On September 16, 1996, the bill was signed into law by President Clinton. The act making appropriations for the Legislative Branch for the fiscal year ending September 30, 1997, sets forth the Chafee amendment as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that . . . and for other purposes, namely: (a) IN GENERAL--Chapter 1 of title 17, United States Code, is amended by adding after section 120 the following new section: SEC.121. Limitations on exclusive rights: reproduction for blind or other people with disabilities (a) Notwithstanding the provisions of sections 106 and 710, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities. (b) (1) Copies or phonorecords to which this section applies shall-- (A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities; (B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and (C) include a copyright notice identifying the copyright owner and the date of the original publication. (2) The provisions of this subsection shall not apply to standardized, secure, or norm- referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs. (c) For purposes of this section, the term-- (1) 'authorized entity' means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities; (2) 'blind or other persons with disabilities' means individuals who are eligible or who may qualify in accordance with the Act entitled 'An Act to provide books for the adult blind', approved March 3, 1931 (2 U.S.C. 35a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and

1 (3) 'specialized formats' means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.". (b) TECHNICAL AND CONFORMING AMENDMENT--The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 120 the following: 121. Limitations on exclusive rights: reproduction for blind or other people with disabilities." California Education Code Low Incidence Disability §56026.5. “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section §56338.

Assistive Technology §56020.5 "Assistive technology device," as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device. Individuals with Exceptional Needs §56026."Individuals with exceptional needs" means those persons who satisfy all the following…(b) Their impairment, as described by subdivision(a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code.

Severely Disabled §56030.5. "Severely disabled" means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, severe intellectual disability, and those individuals who would have been eligible for enrollment in a development center for handicapped pupils under Chapter 6 (commencing with Section 56800), as it read on January 1, 1980.

Special Education §56031. (a) "Special education," in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education

Individual Education Program §56032. "Individualized education program" means a written document described in Sections §56345 and §56345.1 for an individual with exceptional needs that is developed, reviewed, and revised in a meeting in accordance with Sections §300.320 to §300.328, inclusive, of Title 34 of the Code of Federal Regulations and this part.

Free Appropriate Public Education §56040 (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section §300.101 of Title 34 of the Code of Federal Regulations.

Least Restrictive Environment §56040.1 In accordance with Section §1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs: (a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled. (b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Child Find §56300. A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education.

Specific Learning Disability §56337. (a) A specific learning disability, as defined in Section §1401(30) of Title 20 of the United States Code, means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations. The term "specific learning disability" includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia….

Dyslexia or related reading dysfunction §56337.5(a) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section §56337 and subdivision (j) of Section §3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. §1400 and following) category of specific learning disabilities is entitled to special education and related services.

Transition Services §56345.1. (a) The term "transition services," as defined in Section §1401(34) of Title 20 of the United States Code and as used in subparagraph (B) of paragraph (8) of subdivision (a) of Section 56345, means a coordinated set of activities for an individual with exceptional needs that does all of the following: (1) Is designed within an results-oriented process, that is focused on improving the academic and functional achievement of the individual with exceptional needs to facilitate the movement of the pupil from school to post-school activities, including postsecondary education, vocational education, integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation. (2) Is based upon the individual needs of the pupil, taking into account the strengths, preferences, and interests of the pupil. (3) Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

Braille instruction §56351. Local educational agencies shall provide opportunities for braille instruction for pupils who, due to a prognosis of visual deterioration, may be expected to have a need for braille as a reading medium.

Braille Reading and Mathematics Code Standards §56351.9(a) By June 1, 2006, the state board shall adopt braille reading and mathematics standards for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning. Note: The braille standards are being updated to reflect the Common Core State Standards at this time (AB455)

Designated instructions and services §56363. (a) As used in this part, the term "designated instruction and services" means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300.34 of Title 34 of the Code of Federal Regulations. The term "related services" means transportation, and such developmental, corrective, and other supportive services (including speech- language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

Accommodations §56385. (a) As provided in paragraph (16) of subsection (a) of Section §1412 of Title 20 of the United States Code, individuals with exceptional needs shall be included in general statewide and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. §6301 et seq.), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. Certificate or document of educational achievement or diploma §56390. Notwithstanding Section §51412 or any other provision of law, a local educational agency may award an individual with exceptional needs a certificate or document of educational achievement or completion if the requirements of subdivision (a), (b), or (c) are met. (a) The individual has satisfactorily completed a prescribed alternative course of study approved by the governing board of the school district in which the individual attended school or the school district with jurisdiction over the individual and identified in his or her individualized education program. (b) The individual has satisfactorily met his or her individualized education program goals and objectives during high school as determined by the individualized education program team. (c) The individual has satisfactorily attended high school, participated in the instruction as prescribed in his or her individualized education program, and has met the objectives of the statement of transition services.

Procedural Safeguards §56500.1(a) All procedural safeguards under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 and following) shall be established and maintained by each non-educational and educational agency that provides education, related services, or both, to children who are individuals with exceptional needs. (b) At each individualized education program meeting, the public education agency responsible for convening the meeting shall inform the parent and pupil of the federal and state procedural safeguards that were provided in the notice of parent rights pursuant to Section §56321.

Confidentiality of personally identifiable information §56515(b) Pursuant to paragraph (3) of subsection (b) of Section §300.500 of Title 34 of the Code of Federal Regulations, "personally identifiable," as used in this part, includes all of the following information: (1) The name of the child, the child's parent, or other family member. (2) The address of the child. (3) A personal identifier, including, but not limited to, the child's social security number, a pupil number, a list of personal characteristics, or other information that would make it possible to identify the child with reasonable certainty. (c) In accordance with subsection (b) of Section 300.571 of Title 34 of the Code of Federal Regulations, an agency or institution subject to Section §99.1 of Title 34 of the Code of Federal Regulations shall not release information from the education records of an individual with exceptional needs to participating agencies without the consent of the parent or guardian, unless authorized to do so under Section §99.1 of Title 34 of the Code of Federal Regulations.

Low Incidence funding §56836.22 (a) Commencing with the 1985-86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section §56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported on December 1 of the prior fiscal year, into the annual appropriation provided for this purpose in the Budget Act.

Pupils with Autism §56846.2(a) For purposes of this chapter, a "pupil with autism" is a pupil who exhibits autistic-like behaviors, including, but not limited to, any of the following behaviors, or any combination thereof: (1) An inability to use oral language for appropriate communication. (2) A history of extreme withdrawal or of relating to people inappropriately, and continued impairment in social interaction from infancy through early childhood. (3) An obsession to maintain sameness. (4) Extreme preoccupation with objects, inappropriate use of objects, or both. (5) Extreme resistance to controls. (6) A display of peculiar motoric mannerisms and motility patterns. (7) Self-stimulating, ritualistic behavior.

California School for the Deaf §59001. The California School for the Deaf is part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of the deaf who, because of their severe hearing loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools.

California School for the Blind §59101 The California School for the Blind is a part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of visually impaired, blind, and deaf-blind pupils who, because of their severe sensory loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools.

California Diagnostic Centers §59201. The diagnostic centers are a part of the public school system of the state, except that they derive no revenue from the State School Fund. The diagnostic centers provide services, including pupil assessment, consultation, technical assistance, and training, to school districts, county offices of education, and special education local plan areas. Adoption of Basic Instructional Materials §60001. For the purposes of any provision of the California Constitution that requires the adoption of textbooks for use in the elementary schools, the state board shall adopt at least five separate basic instructional materials for each grade level and each subject area as required by Section §60200.

Basic Instructional Materials §60010(a) "Basic instructional materials" means instructional materials that are designed for use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course….(h) "Instructional materials" means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or non-printed, and may include textbooks, technology-based materials, other educational materials, and tests.

Technology-based materials §60010 (m) (1) "Technology-based materials" means basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource. Technology-based materials include, but are not limited to, software programs, video disks, compact disks, optical disks, video and audiotapes, lesson plans, and databases.

Social Content Reviews §60050(a) The state board shall adopt regulations to govern the social content reviews conducted at the request of a publisher or manufacturer of instructional materials outside the primary instructional material adoption process. A social content review is intended to determine compliance with Sections §60040, §60041, §60042, §60043, §60044, §60048, §60200.5, and §60200.6, and the guidelines for social content adopted by the state board.

Publisher requirements §60061. (a) A publisher or manufacturer shall…. (7) Provide to the state, at no cost, computer files or other electronic versions of each state-adopted literary title and the right to transcribe, reproduce, modify, and distribute the material in braille, large print if the publisher does not offer a large print edition, recordings, American Sign Language videos for the deaf, or other specialized accessible media exclusively for use by pupils with visual disabilities or other disabilities that prevent use of standard instructional materials. Computer files or other electronic versions of materials adopted shall be provided within 30 days of request by the state….

Print material requirements §60061.8 (a)(1) Print materials shall have sharp, clear, high contrast, and highly legible fonts. Print materials designed for kindergarten shall use fonts that are at least 20 point. Print materials designed for grade 1 shall use fonts that are at least 18 point. Print materials designed for grade 2 shall use fonts that are at least 16 point. (2) Video products designed for pupils in kindergarten and grades 1 to 12, inclusive, shall be closed-captioned, as defined by the Federal Communications Commission, except for the following: (A) Video products or portions of video products, if any, for which the publisher does not have the rights to close-caption. (B) Video products or portions of video products that are open-captioned, meaning that all viewers see the captioned information. (3) (A) Internet resources and digital multimedia programs intended for use by the general population of pupils, for pupils in kindergarten and grades 1 to 12, inclusive, shall at least meet the standards for accessibility, as set forth in Section 508 of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. Sec. § 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, unless meeting those standards would do any of the following: Digital Format §60063.(a) A publisher …. shall ensure that the printed instructional material is also available in an equivalent digital format during the entire term of the adoption.

Sufficiency §60119(1)(A) The governing board of a school district shall hold a public hearing or hearings at which the governing board shall encourage participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders, and shall make a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks or instructional materials, or both, that are aligned to the content standards adopted pursuant to Section §60605 or §60605.8 in each of the following subjects, as appropriate, that are consistent with the content and cycles of the curriculum framework adopted by the state board:(i) Mathematics, (ii) Science, (iii) History- social science, and (iv) English language arts, including the English language development component of an adopted program.

Availability of accessible instructional materials §60312. The state board shall make available copies of adopted textbooks and other state adopted print materials in large print and other accessible media for pupils enrolled in the elementary schools whose visual acuity is 10/70 or less or who have other visual impairments making the use of these textbooks and alternate formats necessary. The state board shall make available adopted textbooks in braille characters for pupils enrolled in elementary schools whose corrected visual acuity is 20/200 or less. The state board may purchase or contract for the development of those materials.

Central Clearinghouse §60313 (a) The Superintendent of Public Instruction shall maintain a central clearinghouse-depository and duplication center for the design, production, modification, and distribution of Braille, large print, special recordings, and other accessible versions of instructional materials for use by pupils with visual impairments or other disabilities who are enrolled in the public schools of California.

High School Textbooks §60400. The governing board of each school district maintaining one or more high schools shall adopt instructional materials for use in the high schools under its control. Only instruction materials of those publishers who comply with the requirements of Article 3 (commencing with Section §60040) and Article 4 (commencing with Section §60060) of Chapter 1 of this part and of Section §60226 may be adopted by the district board.

National Instructional Materials Accessibility Standard (NIMAS)

The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The final NIMAS was published on July 19, 2006 (71 FR 41084) and was included as Appendix C to Part 300--National Instructional Materials Accessibility Standard--published on August 14, 2006. This is one in a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education that covers a variety of high-interest topics and brings together the regulatory requirements related to those topics to support constituents in preparing to implement the new regulations.1 This document addresses statutory and final regulatory requirements regarding NIMAS. a.i.1. Provides definitions related to purchase of and access to instructional materials. These definitions apply to each State and local educational agency (LEA), whether or not the State or LEA chooses to coordinate with the National Instructional Materials Access Center (NIMAC). [34 CFR 300.172(e)(2)] [20 U.S.C. 1412(a)(23)(E), 1474(e)(3)(A)] "NIMAS" has the meaning given that term in section 674(e)(3)(B) of the Act (NIMAS means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats). [34 CFR 300.172(a)(1)(iii)] [20 U.S.C. 1474(e)(3)(B)] Specialized formats” has the meaning given that term in section 674(e)(3)(D) of the Act (“Specialized formats” means Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities). [34 CFR 300.172(e)(1)(iv)] [20 U.S.C. 1474(e)(3)(D); 17 U.S.C. 121(d)(3)] “NIMAC” means the center established in section 674(e) of the Act, through the American Printing House for the Blind (APH), not later than one year after the date of enactment of IDEA. NIMAC’s duties are: To receive and maintain a catalog of print instructional materials prepared in the NIMAS, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies (SEAs), and LEAs. To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the NIMAC may prescribe. To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided in sections 612(a)(23) and 613(a)(6) of the Act. [34 CFR 300.172(e)(1)(ii)] [20 U.S.C. 1474(e)(2)(A), (B), (C)] The statute defines “print instructional materials” to be printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a SEA or LEA for use by students in the classroom. [20 U.S.C. 1474(e)(3)(C)] “Blind persons or other persons with print disabilities”2 means children served under Part 300 who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to Provide Books for the Adult Blind,” approved March 3, 1931, 2 U.S.C. 135a. [34 CFR 300.172(e)(1)(i)] [20 U.S.C. 1474(e)(3)(A)] a.i.2. Requires the adoption of NIMAS. Adopt the NIMAS, published as appendix C to Part 300, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely 1 2 manner after publication of the NIMAS in the Federal Register on July 19, 2006 (71 FR 41084); and Establish a State definition of “timely manner” for purposes of 34 CFR 300.172 (b)(2) and (b)(3) if the State is not coordinating with the NIMAC or 34 CFR 300.172 (b)(3) and (c)(2) if the State is coordinating with the NIMAC. [34 CFR 300.172(a)] [20 U.S.C. 1412(a)(23)(A)] a.i.3. Establishes SEA rights and responsibilities. Nothing in 34 CFR 300.172 shall be construed to require any SEA to coordinate with the NIMAC. If an SEA chooses not to coordinate with the NIMAC, the SEA must provide an assurance to the Secretary that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. Nothing in this section relieves an SEA of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but are not included under the definition of blind or other persons with print disabilities in 34 CFR 300.172(e)(1) (i) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner. In order to meet its responsibility under paragraphs 34 CFR 300.172 (b)(2), (b)(3), and (c) to ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, the SEA must ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials. [34 CFR 300.172(b)] [20 U.S.C. 1412(a)(23)(B)] a.i.4. Establishes requirements for the preparation and delivery of files. As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, enter into a written contract with the publisher of the print instructional materials to: Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. Provide instructional materials to blind persons or other persons with print disabilities in a timely manner. [34 CFR 300.172(c)] [20 U.S.C. 1412(a)(23)(C)] a.i.5. Requires collaboration with State agencies providing assistive technology programs. In carrying out this section, the SEA, to the maximum extent possible, must work collaboratively with the State agency responsible for assistive technology programs. [34 CFR 300.172(d)] [20 U.S.C. 1412(a)(23)(D)] 6. Establishes responsibilities of LEAs for purchase of instructional materials. Not later than December 3, 2006, an LEA that chooses to coordinate with the NIMAC, when purchasing print instructional materials, must acquire those instructional materials in the same manner, and subject to the same conditions as an SEA under 34 CFR 300.172. Nothing in this section shall be construed to require an LEA to coordinate with the NIMAC. If an LEA chooses not to coordinate with the NIMAC, the LEA must provide an assurance to the SEA that the LEA will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. Nothing in this section relieves an LEA of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities in 34 CFR 300.172(e)(1) (i) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner. [34 CFR 300.210] [20 U.S.C. 1413(a)(6)(E)]

TRANSITION SERVICES

WorkAbility I http://www.cde.ca.gov/sp/se/sr/wrkabltyI.asp  WorkAbility I was initiated in November 1981 as a pilot project to test the concept of work experience for youth with disabilities. WorkAbility I continues to successfully conduct interagency coordination of services, which began with a September 1982 Employment Development Department, State Department of Rehabilitation and California Department of Education (CDE) non-financial interagency agreement. Through a designation as one of the ten best transition programs of its type in the United States, WorkAbility I has received national recognition of its success in matching young adults who have disabilities with employers who need workers.

California Education Code http://www.cde.ca.gov/sp/se/sr/wrkabltyI.asp#caedcode

Workability partnership §56470 (d) That project workability is a true partnership established at the state level through nonfinancial interagency agreements between the State Department of Education, the Department of Employment Development, and the Department of Rehabilitation, and has elevated awareness in the private sector of the employment potential of individuals with exceptional needs, and focuses its efforts in developing careers for these youth, and preventing needless economic and social dependency on state and community agencies and resources.  (e) That local education agencies in California establish linkage between agencies, eliminate duplication of effort, and develop precedent-setting employment training practices which should be preserved and advanced to better assure future productive employable citizens.

Workability grants §56471 (c) The Superintendent shall develop criteria for awarding grants, funding, and evaluating workability projects.  (d) Eligible applicants shall include local educational agencies, including school districts, county offices of education, state special schools, and charter schools, and nonpublic, nonsectarian schools, as defined in Section 56034.  (e) Workability project applications shall include, but are not limited to, the following elements: (1) recruitment, (2) assessment, (3) counseling, (4) pre-employment skills training, (5) vocational training, (6) student wages for try-out employment, (7) placement in unsubsidized employment, (8) other assistance with transition to a quality adult life, and (9) utilization of an interdisciplinary advisory committee to enhance project goals. IEP, 504 Individualized Education Program (IEP)

Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability. To create an effective IEP, parents, teachers, other school staff--and often the student-- must come together to look closely at the student's unique needs. These individuals pool knowledge, experience and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. The IEP guides the delivery of special education supports and services for the student with a disability. Without a doubt, writing--and implementing--an effective IEP requires teamwork. http://www2.ed.gov/parents/needs/speced/iepguide/index.html#preface The process for providing qualifications, and then services and supports for students is detailed in this online document. Assessment, placement, and scheduled updates are all part of the plan for each qualified student.

 Resources on IEPs for Children with Disabilities; Resources to improve instruction, assessment, and accountability for students with disabilities. http://www.cde.ca.gov/sp/se/sr/iepresources.asp

 Parent Guide to IDEA; The Individuals with Disabilities Education Act (IDEA) is the key federal education law that serves students with LD. Being informed will help you support your child’s learning needs and advocate for his or her success. Visit the chapters below for information on requesting an evaluation, student discipline and more. http://www.ncld.org/parents-child-disabilities/idea-guide

 Common Core Resources for Special Education; Resources and guidelines on the Common Core State Standards (CCSS) for the Special Education Community. http://www.cde.ca.gov/sp/se/cc/

 Multi-Tiered System of Supports; A framework that aligns Response to Instruction and Intervention with the Common Core State Standards and the systems necessary for academic, behavior, and social success. http://www.cde.ca.gov/ci/cr/ri/index.asp

Section 504 Plan

An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ." OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104. http://www2.ed.gov/about/offices/list/ocr/504faq.html Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities: "no other qualified handicapped individual in the United States…shall solely by reason of his handicap, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” http://www.dcn-cde.ca.gov/504/Units/UnitIII.htm Resources 504 and IDEA Comparison Chart Understanding how Section 504 and IDEA work with each other and complement each other allows you as the parent to better assist your child's educational team in ensuring your child's right to a Free and Appropriate Education (FAPE) is provided allowing for maximum educational success. http://www.ncld.org/disability-advocacy/learn-ld-laws/adaaa-section-504/section-504-idea- comparison-chart

Section 504 of the Rehabilitation Act of 1973 To be protected under Section 504, a student must be determined to: have a physical or mental impairment that substantially limits one or more major life activities; or have a record of such impairment; or be regarded as having such impairment. http://www.parentcenterhub.org/repository/section504/

Government Agencies

Resources

Office for Civil Rights; Federal civil rights laws and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, together protect your fundamental rights of nondiscrimination and health information privacy. Civil Rights help to protect you from unfair treatment or discrimination, because of your race, color, national origin, disability, age, sex (gender), or religion. http://www.hhs.gov/ocr/office/

The Social Security Administration; Our programs serve as vital financial protection for working men and women, children, the disabled, and the elderly. We administer the largest disability program in the nation. Unfortunately, there are some common misconceptions about our program. http://www.ssa.gov/agency/

California Department of Rehabilitation; The California Department of Rehabilitation (DOR) is an employment and independent living resource for people with disabilities. http://www.rehab.cahwnet.gov/